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199 Cards in this Set

  • Front
  • Back
Psychologists can use animals in research if what 2 conditions are met?
1. It is in compliance with current federal, state, and local laws and regulations, and with professional standards; 2. Reasonable efforts are made to minimize discomfort, infection,
illness, and pain to animals
Psychologists are required to work within the boundaries of their ___________, which can be based on their education, training, supervised experience, consultation, study, or professional experience.
Competence
What course of action should you take if you discover a colleague has been violating an ethical standard that puts no clients in direct harm?
Attempt to resolve the problem informally by discussing the matter with the offender
When should a psychologist make a formal report to the Ethics Committee, state licensing board, or other appropriate authority regarding unethical behavior by a colleague?
When the problem involves "substantial harm" and is not appropriate for an informal resolution or has not been resolved satisfactorily by an attempt
at an informal resolution
________ always takes precedence over the need to educate or punish an offending psychologist, which must always be considered before filing a complaint.
Client confidentiality
When recording voices/images in research, when is informed consent not required?
When the research consists solely of naturalistic observations in public places, and it is not anticipated that the
recording will be used in a manner that could cause personal identification or harm
Describe the nature of informed consent when research involves recording voices/images and deception
Informed consent is provided during
debriefing
What is the legal concept that protects a
client's confidentiality in the context of legal proceedings?
Privilege
Typically, __________ is the holder of the privilege.
The client
What has the data on sexual misconduct by therapists consistently shown?
Male therapists violate much more than female therapists, and they are
usually older (42-44 y/o) than the female clients (30-33 y/o) they become involved with
What relationships have been found between risk for sexual misconduct and theoretical orientation, professional experience, or education?
None (Pope et al., 1993)
When can a psychologist use client
testimonials?
When they are not solicited from current therapy clients or other persons who, because of their circumstances, are vulnerable to undue influence
In a consultative relationship, when is it appropriate to disclose confidential client information?
1. When the consultant and consultee have a confidential relationship; 2. If the consultee has obtained prior consent of the person or organization; 3. If disclosure is unavoidable
A psychologist has been meeting regularly with a child whose parents recently filed for divorce and have requested a child custody evaluation. What course of action should the
psychologist take?
While not required, The Guidelines states psychologists generally avoid
conducting such evaluations when s/he has served in a therapeutic role for the child or their family
What 4 conditions must be met in order for a client to bring a claim of malpractice against a psychologist?
1. Psychologist must have had a
professional relationship with the person; 2. Must be a demonstrable
standard of care breached by psychologist; 3. Person suffered harm or injury; 4. Harm or injury was proximally caused by psychologist's breach of duty within context of standard of care
Is it ever appropriate for a psychologist to pay, receive payment from, or divide fees with another professional for referring them a client?
No, this is unethical. All payments in such situations must be based on the services provided (e.g., clinical, consultative, administrative)
What legal decision originally established a psychologists "duty to warn," which later became a "duty to protect?"
The Tarasoff Decision, which regards a client's admission of intent to harm another person
Bartering is allowed only if what two conditions are met?
1. It is not clinically contraindicated; 2. It is not exploitative
In a legal proceeding, if a defendant lacks sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding, and a rational as well as a factual understanding of the proceedings against him/her, s/he is deemed ________.
Incompetent to stand trial
A ________ refers to a person who testifies as to what they saw, heard, or otherwise observed regarding a circumstance, event or occurrence as it actually took place.
Fact witness
________ are allowed to offer professional opinions and provide testimony based on hypothetical scenarios, while ________ cannot.
Expert Witnesses;
Fact Witnesses
When taking on a new therapy client, when should a psychologist obtain informed consent?
As early as is feasible- should include nature and anticipated course of therapy, fees, 3rd party involvement, limits of confidentiality, and provide client opportunity to ask questions and receive answers
Are psychologists required by the Ethics Code to provide Pro Bono services?
No, however the General Principles, which are aspirational in nature, promote it
Is it ethical for psychologists to engage in sexual behavior with students or supervisees?
No. In fact, it is unethical for a psychologist to engage in sexual relations with anyone they are likely to have evaluative authority over
The Client Welfare standard of the APA Ethics Code requires what?
That reasonable steps are taken by psychologists to avoid and minimize harm to clients, students, research participants, and others with whom they
work
What conditions must be met for deception to ethically be used in research?
1. Deception is justified by the study's
prospective scientific, educational, applied value and effective nondeceptive
alternatives are not feasible; 2. Participants are not deceived about conditions that might cause significant
pain or emotional distress; 3. Participants are debriefed preferably at end of their participation, but no later than conclusion of data collection
The "Guidelines for Providers of Psychological Services to Ethnic, Linguistic, and Culturally Diverse Populations" presents principles that are ________ in nature.
Aspirational
Psychologists are to refrain from entering into a multiple relationship when?
If the relationship can be reasonably expected to impair the psychologist's
objectivity, competence, or effectiveness, or otherwise risks exploitation or harm to the client
What is the first step a psychologist should take when they receive a subpoena?
Determine if the subpoena is a legally valid
demand
Following an evaluation, are psychologists
allowed to provide clients with raw test data if the client requests it?
Yes, it would unethical not to do so. However, there are some exceptions if the psychologist believes the test data could harm the client
True or False: In some situations, it is ethical for a psychologist to withhold reporting a case of known child abuse?
False. All jurisdictions require psychologists to report known cases of child abuse to the appropriate authorities
Is it ethical or unethical to deny employment, admission to academic or other programs, advancement, or promotion to someone who has previously made or been the subject of an ethics complaint?
Unethical
What is FERPA (Family Education Rights and Privacy Act of 1974)?
It prohibits educational institutions receiving federal funds from disclosing personally identifying information from student records without the consent of the the student or legal guardian (if under 18); also grants right to inspect one's educational records
A legal concept referring to a person’s incapacity to determine right from wrong or to behave according to the requirements of the law.
Insanity, which is not a psychological concept, but used in a purely legal sense
Publication credit is given based primarily
on ________.
Relative scientific or professional contributions of the individuals involved,
regardless of their relative status
Sliding fee scales are generally considered
acceptable as long as they are ________.
Fair and serve the best interests of the client
In deciding whether to provide services to a person already receiving mental health services elsewhere, what should a psychologist consider?
The treatment issues and the potential client's welfare. These issues are discussed with the client and the psychologist should proceed with caution
Psychologists are to act ________ and
________ when teaching, supervising, and designing education and training programs.
Competently;
Responsibly
In-person solicitation of business from actual or potential therapy clients or other persons is unethical when it involves what?
Solicitation of people who, due to their particular circumstances, are vulnerable to undue influence
True or False: Psychologists can base assessment/intervention decisions or recommendations on tests, measures, data, or test results that are outdated or obsolete?
False. Only tests that are useful to the current purpose can be used ethically
How does APA’s Ethics Code define Sexual Harassment?
Sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, occurs in connection with the psychologist's activities or roles as a psychologist, and either (1) is obviously unwelcome, offensive, or creates a hostile environment or (2) is sufficiently severe to be abusive to a reasonable person in the context
Who is responsible for the appropriate application, interpretation, and use of assessment instruments scored and interpreted by automated services?
The administering psychologist retains responsibility
Regarding client records, who is the owner of the physical record?
Typically, the psychologist, while the client has the right to inspect the contents of the record
________ refers to the obligation of psychologists to protect clients from unauthorized disclosure of information revealed in the context of the professional
relationship.
Confidentiality
These were adopted as a means of self-regulation in the public interest, and its provisions are general and aspirational.
The General Guidelines for Providers of
Psychological Services
When it becomes reasonably clear that a client no longer needs services, is unlikely to benefit, or is being harmed by continued services, what is the psychologist's best course of action?
Terminate therapy
Upon termination, what does the Ethics Code state a psychologist should do?
Provide pretermination counseling and suggest alternative service providers as appropriate
APA's Record Keeping Guidelines specifies that records of psychological
services must include:
identifying data, dates of service, types of service, fees, assessment reports and intervention plans, and releases of information
The Specialty Guidelines for ________ does not define minimum qualifications in terms of education, as other Specialty Guidelines do, but rather focuses on professional practice issues in the context of forensic work.
Forensic Psychologists
What must a psychologist do before using a collection agency to collect unpaid fees?
Inform the client that such measures will be taken and provide that person an opportunity to make prompt payment
The ________ evaluates the knowledge that should have been acquired by any candidate seeking licensure to practice
psychology.
Examination for Professional Practice in
Psychology (EPPP)
When providing services to a person legally incapable of giving informed consent, what should the psychologist do?
Provide an appropriate explanation, seek the person's assent, consider the person's preferences and best interests, and obtain permission from a legally authorized person
A psychologist whose personal problems are preventing them from competently performing work-related activities should take what steps?
Take appropriate measures (e.g., obtain
consultation or assistance) and determine whether they should limit, suspend, or terminate their work-related duties
Is it ever ethical to have sexual relationships with a former client?
Yes, though only after 2 years and in the "most unusual circumstances;" in such cases, the psychologists must prove that the relationship is not harmful.
Is it ethical or unethical for a psychologist to provide therapy to a person they previously had sexual relations with?
Unethical- this is absolute; there are no time limits or exceptions
The concept that supervisors/employers may be legally responsible for the actions of their supervisees/employees is called ________.
Vicarious Liability, or respondent superior
What is the primary value underlying the existence of Ethical Principles?
The advancement and protection of the welfare of the patients and clients of psychologists
If an ethical issue is not addressed in the Ethics Code, it indicates what about any related conduct?
It may be ethical or unethical
You're contacted by the APA Ethics Committee in regards to a complaint filed against you by a client. They ask for your records related to the client's
therapy with you. What should you do?
Cooperate fully with the Committee's request. Confidentiality is not an issue
since the committee must obtain a signed waiver of confidentiality from the
complainant before it takes any action
As a psychologist, what would you do if you arrived early to the office one morning to find a colleague having sex with one of his/her current clients?
Report him to the ethics committee, as this violation is not amenable to informal resolution, making sure to protect the client's confidentiality rights
What is a psychologist to do if a client informs them that s/he had sex with a previous therapist?
Outline the client's rights and options regarding legal actions and ethical complaints
What is a psychologist's best option if s/he wants to work with clients from an ethnic group s/he has not worked with before?
Seek supervision and/or consultation before taking on such clients and while working with them
A psychologist who has been having marital problems begins to notice that during marital therapy with his clients he is tending to agree more with the husband's perspective. He should:
Seek consultation- the Code requires psychologists who become aware of personal problems that may interfere with adequate performance in their work to take appropriate measures
When might the use of interpreters in psychotherapy be ethical?
When steps have been taken to avoid a multiple relationship between the interpreter and the client
True or False: It is unethical to utilize an interpreter without first having them sign a confidentiality agreement?
False. While a good idea to discuss the importance of maintaining confidentiality, there is no ethical standard requiring an interpreter to sign such an agreement
A psychologist is dating a graduate student in his class who is older than other students and has returned to school after 15 years. The psychologist's behavior is:
Unethical, regardless of whether sex is involved, because it is a dual relationship with clear potential for harm or exploitation
What should a psychologist to do if a client they are seeing on condition of probation says s/he wants to terminate therapy?
Tell the client s/he has the right to leave, but explain the legal ramifications of doing
so
In your capacity as an Industrial Psychologist you observe repeated incidents of sexual harassment. What is your best course of action?
Observe the incidents and, if possible, take active steps to intervene- the Code states that psychologists attempt to "minimize harm to those with whom they work"
A psychologist is seeing a family and notices bruises on the son's body. The parents say a pediatrician saw him, but they forgot to mention the bruises to her. When asked how the child got inured, the parents say he "fell down the stairs" and provide no further details. The boy is silent and withdrawn. What should the psychologist do?
File a child abuse report with the appropriate state agency, as there is reasonable suspicion of ongoing child abuse
A client you know owns a gun and has a history of violent behavior tells you he is planning to shoot his ex-girlfriend. You should:
Warn the police and attempt to warn the ex-girlfriend, per "duty to protect"
A client who is HIV+ claims that s/he has been engaging in casual unprotected sex with various partners. Is this sufficient ground to break confidentiality and notify the authorities?
No. APA states disclosure is permitted if (1) there is an identifiable 3rd party who is at risk, (2) the 3rd party is unaware s/he is at risk, and (3) the client has refused or is not considered reliable to inform the 3rd party
As an Army psychologist, a General asks you questions about a Colonel you have evaluated. What is the ethical way to respond?
Get a signed release from the client before providing any information- the Colonel is likely aware that refusing to provide such information may lead to negative consequences
According to ________, psychologists must notify their clients how they may use the clients' personal health information.
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
According to HIPPA, when might a psychologist be considered a "covered entity?"
If they transmit certain client information electronically
"Psychotherapy notes," as defined by HIPAA, refers to what?
Notes recorded in any medium by a mental health professional documenting or analyzing the contents of conversation during a private counseling session they are not considered a part of a client's Protected Health Information (PHI)
A psychologist publishes an ad promising "guaranteed results." What is true about this ad?
It is unethical because it is misleading and may engender unduly optimistic expectations of positive results
What must brochures for workshops always include?
A description of the intended audience
You routinely waive the co-payment of less wealthy clients who are insured, since you offer clients without insurance a sliding scale. This is:
Unethical and illegal since the insurance company has not been informed
When would it be ethical for a psychology professor to modify a course syllabus several weeks after the course began?
When the students are made aware of these modifications in a manner that enables them to fulfill course requirements
Is it ethical for a psychologist to engage in a sexual relationship with a student after the course has been completed and grades submitted?
No, as it is likely the student is still in the department and, thus, the professor maintains "evaluative authority"
When evaluating students and supervisees, psychologists must do what?
Base their evaluation on relevant and established program requirements, provide timely feedback, and provide information about the evaluation process at the beginning of supervision
When is informed consent to research not necessary?
When dispensing with it clearly poses no harm or is scientifically justifiable, such as in naturalistic observation or anonymous questionnaires
Is it ever ethical to kill an animal that has been used for research?
Yes, if it is done rapidly and with an effort to minimize pain
You are asked by an attorney to evaluate a divorced woman's competence as a parent during a custody dispute. As an ethical psychologist, you should:
Evaluate the client, the children, and the husband before filing a report
A forensic psychologist is ordered by the court to evaluate a celebrity accused of assault and battery. Part of the evaluation is used in the trial and becomes a matter of public record. At the end of the trial, in which the defendant was found guilty, the psychologist writes a book including information about parts of the evaluation not discussed in court. These actions are:
Unethical but legal, as information disclosed in court-ordered evaluations are not privileged
True or False: Computerized interpretive reports are legitimate and valuable, and they tend to be good substitutes for a clinician's own impressions?
False. Computerized interpretive reports are to be accompanied by the psychologist’s personal evaluation
As the only psychologist working in a medical clinic that you are about to leave for a new job, you are concerned that some files contain outdated data. What should you do?
Remove obsolete data from the files, as release of such data may cause client harm or misrepresentation
It is _______ to train and allow an assistant with a B.A. in sociology to administer, interpret, and write a report on the WAIS-IV.
Unethical, as the assistant is clearly unqualified to perform such duties
After a psychologist administers multiple tests to a client, she asks to see the results. What's the best course of action in such situations?
Provide the client with an oral and written summary of the results in clear, understandable language
True or False: Regarding confidentiality in group therapy, group members are on their own honor to maintain confidentiality?
True. Group members have no legally or ethically enforceable obligation to maintain the confidence of what they hear from other group members
What should a psychologist do if a man being seen in marital therapy requests individual treatment?
He should be referred to another therapist due to potential for conflict between the psychologist's roles
When regular consultation with a supervisor about a client is done, what must occur?
The client must be informed that the therapist is being supervised
If an experimental psychologist wants to become a clinical psychologist, what must s/he do?
Obtain appropriate coursework and experience, including practica and internship
What is the primary purpose of the Specialty Guidelines for the Delivery of
Services?
Educate the public and advance the profession
The primary purpose of the Standards for Educational and Psychological Testing is what?
To provide criteria for evaluating whether tests are properly used
The Standards for Educational and Psychological Testing suggest reporting test scores in terms of ________.
Confidence intervals, or percentile bands
Generally, protecting the welfare of the public is their primary purpose.
State licensing boards
It is ________ and ________ to sell questions that appear on the licensing exam.
Illegal and unethical, as it violates both test security and copyright laws
What should be done if, after evaluating a high school student who is having conflicts with a teacher, a psychologist concludes the teacher, rather than the student, needs psychological attention?
Talk to the teacher alone in order to safeguard the teacher’s rights and minimize harm or embarrassment
A college counselor informed the mother of a 17 y/o of a recent suicide attempt he made. The counselor contended she was acting in the client's best interest in light of his refusal to seek professional help. Were the counselor's actions ethical?
According to the Ethics Code, yes, because the student is a minor at risk of suicide
True or False: When a grievance is file, state boards can provide you feedback on performance on specific questions of the EPPP?
False. They can provide one's score, the passing score, the mean, standard deviation, and other descriptive information
If a psychologist undertakes an experiment that might have some negative adverse side-effects to participants but still feels the possible findings are worth the risk, she should:
Seek approval from the appropriate Institutional Review Board (IRB) and inform participants of all potential risks via informed consent
It is ________ for a university professor to omit areas of research in a course he's teaching because the research does not fit well with his orientation and does not support his theory.
Unethical as the professor's behavior is likely to mislead students
A psychologist opening a mental health clinic in a rural area serving a Native American population would be well-advised to:
Include medicine men from the tribe as consultants and mediators
A psychologist is ethically required to ________ after completing testing with a client.
Provide appropriate explanation of results
Is it ethical for a psychologist to routinely administer personality tests during the initial phase of a treatment relationship?
No, this is unethical, as there must be a valid reason for testing
As a psychologist, you are asked by the attorney of a mother to evaluate the mother and her child, however the child lives with the father, who is the custodial parent. What should you do?
Determine if the father knows about and has consented to the evaluation
A psychologist in a rural community is asked to treat a man with Agoraphobia. While the psychologist has treated other anxiety disorders, she has never treated Agoraphobia. She should:
Treat the man while making reasonable effort to obtain the competence required by using relevant research, training, consultation, or study
What should a psychologist do if a person in an emergency situation presents to therapy for an issue the psychologist has no relevant experience working with?
Meet with the person but refer to a more qualified psychologist as soon as possible, or when the emergency has ended
During the third psychotherapy session with a client the psychologist realizes the client is the principal at his daughter's school. What should he do?
Discuss the situation with the client and assess whether the dual relationship could be expected to impair objectivity, competence, or effectiveness or result in client exploitation or harm
Psychologists who provide services over the internet must inform clients of ________.
The risks to privacy
What conditions are required for a graduate psychology program to require students to participate in psychotherapy?
1. Students are given the option of receiving therapy from practitioners unaffiliated with the program; 2. Faculty with evaluative authority must not provide the therapy; 3. The requirement must be clearly described in the program's description
This term refers to negligent failure, resulting in harm to the client, to meet the duty to a client that arises out of a professional relationship.
Malpractice
What are the 4 stages of the ethical complaint process?
Inquiry,
Investigation,
Adjudication,
Appeal
If a psychologist's offense is inappropriate but not clearly unethical, they are likely to be ________ by the Ethics Committee, whereas they will receive a ________ if the behavior is unethical.
Advised;
Warning
A psychologist will receive a ________ from the Ethics Committee if his/her actions are unethical but the consequences are minor.
Reprimand
What might the Ethics Committee do if a psychologist's actions cause harm and are deliberate or persistent?
Censure
The Ethics Committee recommends ________ in cases where a psychologist's behavior is both unethical and harmful.
Time-limited resignation
If a psychologist's offense is so injurious and severe that s/he is deemed unrehabilitable, the Ethics Committee is likely to recommend ________.
Expulsion
What are the main differences b/t the General Principles and the Ethical Standards?
GP: 5. Aspirational. Not enforceable rules.
ES: 10. Enforceable rules.
Civil liability is determined by __________ not by __________.
dereliction of duty directly causing damages; ethics code violations
What are the two goals of the ethics code?
1. Welfare and protection of individuals/groups served by psychs; 2. Education of members, students, & public re: ethical standards of the discipline
What are the 5 General Principles?
Beneficence and nonmaleficence
Fidelity and responsibility
Integrity
Justice
Respect for people's rights & dignity
What is beneficence and nonmaleficence?
Psychs aim to benefit those with whom they work and take care not to harm.
Professional conflict resolution that minimizes harm falls under what general principle?
Beneficence and nonmaleficence
Guarding against misuse of influence falls under what general principle?
Beneficence and nonmaleficence
Having awareness of how one's physical and mental health may affect one's capacity to help others falls under what general principle?
Beneficence and nonmaleficence
What is fidelity and responsibility?
Psychs establish rexs of trust with those with whom they work and should be aware of their responsibilities and uphold prof'l standards
Clarifying roles falls under what general principle?
Fidelity and responsibility
Managing conflicts of interest that may cause harm falls under what general principle?
Fidelity and responsibility
The need to consult with professionals falls under what general principle?
Fidelity and responsibility
Concern about the ethical compliance of others falls under what general principle?
Fidelity and responsibility
Encouragement to contribute some prof'l services for little or no charge falls under what general principle?
Fidelity and responsibility
What does integrity mean?
Promotion of accuracy, honesty, and truthfulness and avoidance of fraud in prof'l activities.
The use of deception is discussed under what general principle?
Integrity
Adhering to carefully made commitments and promises falls under what general principle?
Integrity
What is justice?
All persons should receive equal quality of care and all persons should benefit from psych'l contributions.
Assurance that personal biases and limitations to not result in unfair practices falls under what general principle?
Justice
What is respect for people's rights and dignity?
Psychs should respect individual's rights and the differences among them.
Individual's rights to privacy, confidentiality, and self-determination falls under what general principle?
Respect for people's rights and dignity
Recognition of and respect for intergroup differences falls under what general principle?
Respect for people's rights and dignity
Elimination of personal bias based on factors of difference falls under what general principle?
Respect for people's rights and dignity
You discover your work has been misused/misrepresented. Must you take steps to correct this?
Yes. (1.01)
What factors must be considered when addressing ethical misconduct by colleagues?
Type of offense; severity of offense; source of the information
What factor supersedes all others when deciding whether to address a colleague's misconduct?
Client confidentiality
If the ethics committee places you under investigation, must you cooperate?
Yes. (1.06)
Discrimination by other psychologists against complainants and respondents is _______.
Unethical. (1.08)
Work may only be delegated to:
Those with adequate competence to perform the duties; Those who do not have harmful multiple rexs with the persons being served.
What options does a psych have who lacks competence in some area?
Consultation, Supervision, Training, Referring out
When can a client be seen by psych not competent to treat them?
When no other psych is available (and psych must seek consultation, supervision, or training concurrently) or in an emergency (and services must be terminated when emergency has passed).
If a psych is having personal problems that will impair their competence, what should they do?
Seek consultation on whether to limit, suspend, or terminate their practice.
Elimination of personal bias based on factors of difference falls under what general principle?
Respect for people's rights and dignity
You discover your work has been misused/misrepresented. Must you take steps to correct this?
Yes. (1.01)
What factors must be considered when addressing ethical misconduct by colleagues?
Type of offense; severity of offense; source of the information
What factor supersedes all others when deciding whether to address a colleague's misconduct?
Client confidentiality
If the ethics committee places you under investigation, must you cooperate?
Yes. (1.06)
Discrimination by other psychologists against complainants and respondents is _______.
Unethical. (1.08)
Work may only be delegated to:
Those with adequate competence to perform the duties; Those who do not have harmful multiple rexs with the persons being served.
What options does a psych have who lacks competence in some area?
Consultation, Supervision, Training, Referring out
When can a client be seen by psych not competent to treat them?
When no other psych is available (and psych must seek consultation, supervision, or training concurrently) or in an emergency (and services must be terminated when emergency has passed).
If a psych is having personal problems that will impair their competence, what should they do?
Seek consultation on whether to limit, suspend, or terminate their practice.
A multiple rex occurs when a psych is in a prof'l role with a person and at the same time either:
1. is in another role with that person; 2. in a rex with a person closely associated with the person; 3. promises to enter into another rex with the person or someone closely associated to them at a later date
T or F: The ethics code expressly forbids correctional psychs from simultaneously being a client's therapist and parole evaluator.
False. This dual rex is permitted.
T or F: The ethics code expressly forbids sexual harassment.
True
T or F: The ethics code expressly forbids unfair discrimination.
True
T or F: The ethics code expressly forbids personal drug use.
False. (But the issue of personal competence is expressly referred to.)
T or F: The ethics code expressly forbids a psych who has provided therapy to a child or family members from conducting a custody evaluation.
False. (But APA guidelines state that this should be avoided.)
May a psych be a fact witness in a custody evaluation of a child s/he has treated?
Yes. But not an expert witness giving an opinion as to custody.
What is the standard by which the acceptability of multiple rexs is judged?
Whether the rex would reasonably impair the psych's competence, objectivity, or effectiveness or if it might harm or exploit the other party.
What is the difference b/t a conflict of interest and a multiple rex?
Multiple rex occurs after a prof'l rex is established with a person; Conflict of interest refers to a reason that a prof'l rex would not be established in the first place
What is the standard by which a psych may determine if a prof'l rex will be a conflict of interest?
Whether the rex would reasonably impair the psych's competence, objectivity, or effectiveness or if it might harm or exploit the other party.
What does a psych need to clarify when services are requested by a third party?
Psych's role, who the client is, probable uses of the services, limits to confidentiality.
If a client is legally incapable of giving informed consent, what must a psych do to provide services?
Obtain consent from legally authorized person (guardian, custodian) and provide an explanation to client, seek their assent, and consider their wishes.
T or F: The ethics code expressly requires that informed consent be in written form.
False. Can be written or oral but must be documented. Standard of care is to obtain in writing, however.
If a client relocates or can no longer pay due to financial limitations, does the psych have obligations?
Yes: must plan for continuity of care.
Does continuity of care exist after a psych dies or is incapacitated?
Yes. Must have a professional will.
What does the ethics code say about confidentiality and email?
A psych must inform clients of the risks to privacy and add'l limits to confidentiality if email is used.
What forensic proceedings involve the issue of confidentiality?
Subpoenas; court orders; court-appointed evaluations; court-ordered therapy
What must a psych do if s/he receives a subpoena or a subpoena duces tecum?
Contact client for permission to discuss client or release files. If gained, proceed accordingly. If denied, contact atty and attempt to have subpoena quashed. If that fails, show up (sdt: with files) and assert privilege. Neither testify or release records.
A psych receives a court order to release client records, but the client asserts privilege. What should the psych do?
Ask for modification/nullification of order --> request in camera review --> follow order.
What information must psychs try to control the accuracy of in materials for workshops?
Intended audience; objectives; presenters; fees
Can a psych solicit testimonials?
Yes, but not from current clients or those vulnerable to undue influence.
When is in-person solicitation allowed?
When providing disaster or community outreach services (but not when people are vulnerable to undue influence).
Paid advertisements must be _____
identified as such
When may a reporter be paid by the therapist to write an article about him/her?
Never.
What does the ethics code state about withholding client records for non-payment?
You can't do it in emergency situations.
What does HIPAA say about withholding client records for non-payment?
You can't do it under any circumstances.
T or F: The ethics code stipulates that psychs must inform clients at the outset of tx that they may use a collection agency at a later date.
False, but notice must be given of intent to use one when a client has not paid and time for client to pay must be given.
Why should psychs keep records?
1. facilitate future services, 2. allow for replication of research, 3. meet institutional reqs, 4. ensure accuracy in billing, 5. comply with the law
What should be psychs primary concern when creating/destroying records?
Client confidentiality
Under what circumstances is bartering allowed?
When not clinically contraindicated or exploitative.
T or F: Inaccurate representation of diagnoses, fees, or services is ethical if in the best interest of the client although it may conflict with state laws.
False. The ethics code expressly forbids this.
Fee-splitting b/t psychs/other prof'ls is only allowed for _____ and not for ______.
Services provided; Referrals
T or F: Informed consent for the recording of voices/images is always required in research.
False. Not req'd for naturalistic observation or when done for deceptive purposes (but consent is req'd during debriefing).
Under what situations is informed consent not req'd in research?
If it is unlikely to cause distress/harm in 1) normal educational practices, 2) anonymous questionnaires, naturalistic observations, archival research, or 3) study of a job/org's effectiveness
Deception in research is only allowed if:
The study is justified by its significant prospective value and alternatives to deception are unavailable.
Deception about these factors is never allowed:
The possibility of emotional distress or physical pain.
The ethics code says that publication credit should reflect:
Contributions to research and doctoral dissertation first authorship should generally go to students
FERPA is also known as...
The Buckley Amendment