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Flashcards in Ethics Deck (39)
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1

What constitutes a multiple relationship in regards to forensic psychology ?

Multiple relationships occurs when a forensic practitioner is in a professional role with a person and at the same or subsequent time is in a different role with the same person.; is involved in a personal, fiscal or other relationship with an adverse party; at the same time in a relationships with a person closely associated with or related to or offers/agrees to enter in the future with a person who is associated or related to that person.

2

What constitutes a therapeutic-Forensic Role Conflict?
What should you do if you are requested or ordered to provide concurrent or sequential forensic and therapeutic services you should?

If not possible to do the first option then what is the next best approach.

Providing forensic and therapeutic psychological services to the same individual or closely related or closely related individuals involves multiple relationships that may impair objectivity or cause exploitation or harm.

--disclose potential risk and make reasonable efforts to referr the request to another practitioner. If not possible. then consider risks and benefits to all parties and to the legal system or entity likely to be impacted, possibility of separating the services with time, seeking judicial review and direction and consulting with a colleague.

3

A psychologist acts as both a consultant to the court and a fact witness for the defense in a criminal case

Accepting dual roles (e.g., acting as a consultant for one party and a fact witness for another) may be acceptable as long as the psychologist clarifies his or her roles with both parties and acts in a way that does not compromise his or her judgment and objectivity

4

When hired to teach a class, according to the ethics code what do you need to do?

insure that there is an current and accurate description of the program content, training goals and objectives, stipends and benefits, and requirements that must be met and this must be available to all interested parties.
Also need to insure that the syllabi is accurate, can measure progress and reflects the nature of the course. A teacher can modify the syllabus if necessary but students need to be informed.
Information must be presented accurately.

5

How to become competent in a new approach or assessment

Competence can not be attained by simply taking a workshop or reading a book because they acquire skills not only knowledge. Therefore a psychologist should not consider themselves proficient in a new domain until a psychologist who is proficient in that field monitor or supervise them. Also having experience implementing the technique is better then just jumping in and implementing it esp. when important-welfare for the client/

6

Can a psychologist release test data to the identified other person in the release?

Yes but not when there is potential harm, misuse, misinterpretation of the test data, and note that releasing this information may be regulated by the law. Tests have limited property right and the property of the test is the psychologist

7

When can the psychologist claim the privilege/ disclose confidential information on behalf of the client without the client's consent?

When court ordered, mandatory reporting, Danger to self or others, legal regulatory actions-client suing therapist for malpractice, filed a complaint against a psychologist with the ethics board, is a party to a custody dispute, or subject to a court ordered evaluation

8

What does the term test data refer to?

What does test materials refer to?

Test Data refers to: raw and scaled scores,
Client responses
psychologist's notes and recordings concerning client's statement and behaviors during the test
This does not include test material such as questions as it will ruin the integrity of the test.

"manuals, instruments, protocols, and test questions or stimuli."

9

Based on APA's guidelines, the best overall conclusion that can be drawn about dual relationships in forensic settings is that psychologists

Dual relationships in forensic (and other) settings are not completely prohibited by the Ethics Code or other APA guidelines. However, special precautions must always be taken when embarking on a dual relationship.
Paragraph 4.02 of the Specialty Guidelines for Forensic Psychology, which states: "Forensic practitioners strive to recognize the potential conflicts of interest and threats to objectivity inherent in multiple relationships. Forensic practitioners are encouraged to recognize that some personal and professional relationships may interfere with their ability to practice in a competent and impartial manner and they seek to minimize any detrimental effects by avoiding involvement in such matters whenever feasible or limiting their assistance in a manner that is consistent with professional obligations.
"Forensic practitioners strive to recognize the potential conflicts of interest and threats to objectivity inherent in multiple relationships. Forensic practitioners are encouraged to recognize that some personal and professional relationships may interfere with their ability to practice in a competent and impartial manner and they seek to minimize any detrimental effects by avoiding involvement in such matters whenever feasible or limiting their assistance in a manner that is consistent with professional obligations."

10

the Guidelines states that, in the absence of superseding laws or institutional regulations, "psychologists may consider retaining full records until ___ years after the last date of service delivery for adults or until ___ years after a minor reaches the age of majority, whichever is later. In some circumstances, the psychologist may wish to keep records for a longer period, weighing the risks associated with obsolete or outdated information, or privacy loss, versus potential benefits associated with preserving the records

7
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11

An intern that is leaving a clinic where she is currently placed asks clients to see her at another clinic where she will be working. Is this ethical?

in deciding whether to offer or provide services to those already receiving mental health services elsewhere, psychologists carefully consider the treatment issues and the potential client's/patient's welfare. Psychologists discuss these issues with the client/patient ... in order to minimize the risk of confusion and conflict, consult with the other service providers when appropriate, and proceed with caution and sensitivity to the therapeutic issues."
-interns should not take clients from a previous place of employment without considering the professional relationships involved, the therapeutic issues, and the welfare of the clients.

12

If a psychologist is requested by a defense attorney to evaluate and testify about a defendant for the purpose of establishing the defense of insanity, the psychologist should:

evaluate the defendant and testify as requested but inform the defendant of the purpose of the evaluation and of the limits of confidentiality before doing so.
-Although the psychologist would want to refrain from concluding whether or not the defendant is "insane," he or she can testify about the client's mental state at the time of the crime. Also, while privilege is waived when a defendant claims insanity, the defendant should be informed of the limits of confidentiality prior to the evaluation.

13

Therapist-client privilege implies that, in most circumstances, a psychologist does not reveal confidential client information in the context of a legal proceeding without the consent of the client or his/her legal representative. What are the exceptions to privilege?

-court order : However to protect the privacy of the client esp. in cases where the information can be damaging. The Psychologist can request that it be read by the judge in camera - i.e., in the privacy of the judge's chambers.)

14

What are the guideline for the use of deception?

Standard 8.07 (Deception in Research) states that "(a) Psychologists do not conduct a study involving deception unless they have determined that the use of deceptive techniques is justified by the study's significant prospective scientific, educational, or applied value and that effective nondeceptive alternative procedures are not feasible. (b) Psychologists do not deceive prospective participants about research that is reasonably expected to cause physical pain or severe emotional distress. (c) Psychologists explain any deception that is an integral feature of the design and conduct of an experiment to participants as early as is feasible, preferably at the conclusion of their participation, but no later than at the conclusion of the data collection, and permit participants to withdraw their data."

15

Can therapist consult with a religious leader or include that person in therapy.

effective psychological intervention may be aided by consultation with and/or inclusion of religious/spiritual leaders/practitioners relevant to the client's cultural and belief systems." This response is most consistent with this provision.

16

What is the best action when a third party (attorney) requests client information in the courts and the client refuses?

When a client does not want confidential information revealed, the requesting party can be contacted to see if the request can be rescinded or modified, thereby avoiding further legal steps. Of course, another alternative would be to attend the deposition and assert the privilege, but this may be less desirable than first attempting to work out a compromise that is agreeable to all parties and it is not given as an option.

17

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

use coding or other techniques to avoid the inclusion of personal identifiers."
Since you wouldn't have control over who sees the records once they've been transmitted, this course of action would most likely ensure that client information is kept confidential. You would probably also want to mark the information as confidential but this would not be adequate.

18

Should Forensic psychologist avoid providing services on the basis of contingent fees?

Yes
Paragraph 5.02 states: "Forensic practitioners seek to avoid undue influence that might result from financial compensation or other gains. Because of the threat to impartiality presented by the acceptance of contingent fees and associated legal prohibitions, forensic practitioners strive to avoid providing professional services on the basis of contingent fees.

19

What should you do if a client tell you they have been working with another psychologist and working with you?

Standard 10.04 of the Ethics Code states that, "In deciding whether to offer or provide services to those already receiving mental health services elsewhere, psychologists carefully consider the treatment issues and the potential client's/patient's welfare."
This is most consistent with the requirements of the Ethics Code. The best thing to do in this situation would be to discuss the implications of continuing therapy with the client while he is seeing another therapist. In addition, you should encourage the client to discuss this matter with the other therapist.

Telling the client he can not continue with you until he terminates with the other therapist It may become necessary if, after a period of time, the client is continuing to see you and the other therapist and you are both providing him with essentially the same services, but it is probably not the best first course of action.

Telling the client that it would be best for him to stop therapy with the other therapist is not required by the Ethics Code. It does not take the best interests of the client (or other therapist) into consideration.

20

If a health care provider is faced with a conflict between state law and the HIPAA requirements:

"The HIPAA Privacy Rule provides a Federal floor of privacy protections for individuals' individually identifiable health information where that information is held by a covered entity or by a business associate of the covered entity. State laws that are contrary to the Privacy Rule are preempted by the Federal requirements, unless a specific exception applies. These exceptions include if the State law (1) relates to the privacy of individually identifiable health information and provides greater privacy protections or privacy rights with respect to such information, (2) provides for the reporting of disease or injury, child abuse, birth, or death, or for public health surveillance, investigation, or intervention, or (3) requires certain health plan reporting, such as for management or financial audits. In these circumstances, a covered entity is not required to comply with a contrary provision of the Privacy Rule"

21

According to the APA's Specialty Guidelines for Forensic Psychology (APA, 2012), accepting contingent fees for professional services in a legal proceeding:

Should be avoided. Forensic practitioners seek to avoid undue influence that might result from financial compensation or other gains. Because of the threat to impartiality presented by the acceptance of contingent fees and associated legal prohibitions, forensic practitioners strive to avoid providing professional services on the basis of contingent fees."

22

According to several authorities, mental health professionals tend to under or overpredict the potential for violence?

According to several authorities, mental health professionals tend to overpredict the potential for violence; i.e., they tend to predict that a person will be violent when, in fact, he or she will not.

As noted above, mental health professionals tend to overpredict violence. Individuals who are identified as violent but, in reality, are not violent are referred to as "false positives."

23

"Psychologists use assessment instruments whose validity and reliability have been established for use with members of the population tested. When such validity or reliability has not been established, psychologists should?

describe the strengths and limitations of test results and interpretation" [Ethical Standard 9.02(b)].

24

What should you do if an insurance company wants information on your client for their peer review process?

Provide the insurance company with the information it requests only after ensuring that the company will take steps to protect the client's confidentiality. Problems related to confidentiality constituted one of the original objections to the peer review process. Insurance companies and other third-party payers have, however, been fairly responsible in finding ways to maintain the confidentiality of clients.
Normal confidentiality requirements are relaxed in cases of peer review because of the necessity to provide review committees with information about clients. However, confidentiality is always an issue when releasing information about a client and, consequently, this would be the best course of action.

25

Standard 3.10 of the Ethics Code. It outlines the specific information that psychologists must give potential participants, therapy clients, and others as part of the informed consent process and states that the information must be supplied in "reasonably understandable language." Does it explicitly state that psychologists must ensure the participants understand the information?

The issue of language and informed consent is addressed in Standard 3.10 of the Ethics Code. It outlines the specific information that psychologists must give potential participants, therapy clients, and others as part of the informed consent process and states that the information must be supplied in "reasonably understandable language." The Code does not, however, explicitly state that psychologists must ensure that participants understand the information

26

What is the authorship credited to when publication is solely on an dissertation?

"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." Note that timeliness is one consideration when determining if a circumstance is "exceptional." As an example, the University of Victoria provides the following authorship guidelines for research conducted by graduate students: "If a student does not produce the first draft of the manuscript within e.g., 12 months of defending the thesis or dissertation, unless another arrangement has been negotiated in advance, the supervisor can take over the lead and be listed as principal author. The student, however, remains an author on the article"

27

In its statement on Legal Liability Related to Confidentiality and the Prevention of HIV Transmission, the American Psychological Association (1991) recommends that:

he APA's (1991) position is that "a legal duty to protect third parties from HIV infection should not be imposed." However, in its statement, the APA also recommends that, if such legislation is passed, it should permit disclosure only when (1) the psychologist knows of an identifiable third party who is at significant risk for infection; (2) knows that the third party is unaware of the risk; (3) has urged the client to notify the patient but the client has refused to do so; and (4) the psychologist is legally protected from civil or criminal liability for doing so.
They are not legally obligated to warn

28

In its statement on Legal Liability Related to Confidentiality and the Prevention of HIV Transmission, the American Psychological Association (1991) recommends that:

he APA's (1991) position is that "a legal duty to protect third parties from HIV infection should not be imposed." However, in its statement, the APA also recommends that, if such legislation is passed, it should permit disclosure only when (1) the psychologist knows of an identifiable third party who is at significant risk for infection; (2) knows that the third party is unaware of the risk; (3) has urged the client to notify the patient but the client has refused to do so; and (4) the psychologist is legally protected from civil or criminal liability for doing so.
They are not legally obligated to protect the partner

29

Weinberger and Sreenivassan state that, when a psychologist is acing as an individual's (inmate's) therapist "and is then asked (regardless by whom) to function as the individual's evaluator, Is the psychologist engaging in a multiple relationship" if he or she agrees to do so?

Yes. This would be a multiple relationship

30

Is it acceptable for a psychologist to accept a dual relationship of acting as a consultant for one party and a fact witness for another? If so then under what circumstances?

Accepting dual roles (e.g., acting as a consultant for one party and a fact witness for another) may be acceptable as long as the psychologist clarifies his or her roles with both parties and acts in a way that does not compromise his or her judgment and objectivity.