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Ethical & Legal Issues in Psychology
Ethical & Legal Issues in Psychology
21
Psychology
Graduate
06/16/2011

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Term
Informed consent
Definition
is a legal and ethical obligation to provide information to patients before they intiate assessment or treatment.
Informed consent reflects respect for patient autonomy.
Term
3.10 Informed Consent a
Definition
When psychologists conduct research or provide assessment, therapy, counseling, or consulting services in person or via electronic transmission or other forms of communication, they obtain the informed consent of the individual or individuals using language that is reasonably understandable to that person or persons except when conducting such activities without consent is mandated by law or governmental regulation or as otherwise provided in this Ethics Code
Term
8.02 Informed Consent to Research a.
Definition
When obtaining informed consent psychologists inform participants about
(1) the purpose of the research, expected duration, and procedures
(2) their right to decline to participate and to withdraw from the research once participation has begun
(3) the foreseeable consequences of declining or withdrawing
(4) reasonably foreseeable factors that may be expected to influence their willingness to participate such as potential risks, discomfort, or adverse effects;
(5) any prospective research benefits
(6) limits of confidentiality
(7) incentives for participation
(8) whom to contact for questions about the research and research participants' rights. They provide opportunity for the prospective participants to ask questions and receive answers.
Term
8.02 Informed Consent to Research b.
Definition
Psychologists conducting intervention research involving the use of experimental treatments clarify to participants at the outset of the research
1 the experimental nature of the treatment
2 the services that will or will not be available to the control group(s) if appropriate
3 the means by which assignment to treatment and control groups will be made
4 available treatment alternatives if an individual does not wish to participate in the research or wishes to withdraw once a study has begun
5 compensation for or monetary costs of participating including, if appropriate, whether reimbursement from the participant or a third-party payor will be sought.
Term
3.10 Informed Consent b
Definition
For persons who are legally incapable of giving informed consent
(1) provide an appropriate explanation
(2) seek the individual's assent
(3) consider such persons' preferences and best interests
(4) obtain appropriate permission from a legally authorized person, if such substitute consent is permitted or required by law. When consent by a legally authorized person is not permitted or required by law, psychologists take reasonable steps to protect the individual's rights and welfare.
Term
3.10 Informed Consent c
Definition
When psychological services are court ordered or otherwise mandated, psychologists inform the individual of the nature of the anticipated services, including whether the services are court ordered or mandated and any limits of confidentiality, before proceeding.
Term
3.10 Informed Consent d
Definition
Psychologists appropriately document written or oral consent, permission, and assent.
Term
9.03 Informed Consent in Assessments a
Definition
Psychologists obtain informed consent for assessments, evaluations, or diagnostic services, as described in Standard 3.10, Informed Consent, except when
(1) testing is mandated by law or governmental regulations;
(2) informed consent is implied because testing is conducted as a routine educational, institutional, or organizational activity (e.g., when participants voluntarily agree to assessment when applying for a job);
(3) one purpose of the testing is to evaluate decisional capacity. Informed consent includes an explanation of the nature and purpose of the assessment, fees, involvement of third parties, and limits of confidentiality and sufficient opportunity for the client/patient to ask questions and receive answers.
Term
9.03 Informed Consent in Assessments b
Definition
Psychologists inform persons with questionable capacity to consent or for whom testing is mandated by law or governmental regulations about the nature and purpose of the proposed assessment services, using language that is reasonably understandable to the person being assessed.
Term
9.03 Informed Consent in Assessments c
Definition
Psychologists using the services of an interpreter obtain informed consent from the client/patient to use that interpreter, ensure that confidentiality of test results and test security are maintained, and include in their recommendations, reports, and diagnostic or evaluative statements, including forensic testimony, discussion of any limitations on the data obtained.
Term
confidentiality and privileged communication
Definition
The terms confidentiality and privileged communications refer to different albeit overlapping concepts.
Confidentiality is a more general term, referring to the obligations of psychologists to protect privacy of patient information.
Privileged communications is a more specialized term, referring to the legal right of patients to withhold evidence from courts under certain circumstances
Term
maintaining confidentiality
Definition
Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship.
Term
Discussing the Limits of Confidentiality
Definition
Psychologists discuss with persons (including, to the extent feasible, persons who are legally incapable of giving informed consent and their legal representatives) and organizations with whom they establish a scientific or professional relationship
(1) the relevant limits of confidentiality
(2) the foreseeable uses of the information generated through their psychological activities.

(b) Unless it is not feasible or is contraindicated, the discussion of confidentiality occurs at the outset of the relationship and thereafter as new circumstances may warrant.
(c) Psychologists who offer services, products, or information via electronic transmission inform clients/patients
Term
Multiple relationship a
Definition
A multiple relationship occurs when a psychologist is in a professional role with a person
(1) at the same time is in another role with the same person
(2) at the same time is in a relationship with a person closely associated with or related to the person with whom the psychologist has the professional relationship, or (3) promises to enter into another relationship in the future with the person or a person closely associated with or related to the person.
Term
multiple relationship b
Definition
If a psychologist finds that, due to unforeseen factors, a potentially harmful multiple relationship has arisen, the psychologist takes reasonable steps to resolve it with due regard for the best interests of the affected person and maximal compliance with the Ethics Code.
Term
multiple relationship c
Definition
When psychologists are required by law, institutional policy, or extraordinary circumstances to serve in more than one role in judicial or administrative proceedings, at the outset they clarify role expectations and the extent of confidentiality and thereafter as changes occur. (See also Standards 3.04, Avoiding Harm, and 3.07, Third-Party Requests for Services.)
Term
Design of Education and Training Programs
Definition
Psychologists responsible for education and training programs take reasonable steps to ensure that the programs are designed to provide the appropriate knowledge and proper experiences, and to meet the requirements for licensure, certification, or other goals for which claims are made by the program. (See also Standard 5.03, Descriptions of Workshops and Non-Degree-Granting Educational Programs.)
Term
Descriptions of Education and Training Programs
Definition
Psychologists responsible for education and training programs take reasonable steps to ensure that there is a current and accurate description of the program content (including participation in required course- or program-related counseling, psychotherapy, experiential groups, consulting projects, or community service), training goals and objectives, stipends and benefits, and requirements that must be met for satisfactory completion of the program. This information must be made readily available to all interested parties.
Term
Accuracy in Teaching
Definition
Psychologists take reasonable steps to ensure that course syllabi are accurate regarding the subject matter to be covered, bases for evaluating progress, and the nature of course experiences.

This standard does not preclude an instructor from modifying course content or requirements when the instructor considers it pedagogically necessary or desirable, so long as students are made aware of these modifications in a manner that enables them to fulfill course requirements.
When engaged in teaching or training, psychologists present psychological information accurately.
Term
The American Psychological Association's (APA) Ethical Principles of Psychologists and Code of Conduct
Definition
The Introduction discusses the intent, organization, procedural considerations, and scope of application of the Ethics Code.
The Preamble and General Principles are aspirational goals to guide psychologists toward the highest ideals of psychology. Although the Preamble and General Principles are not themselves enforceable rules, they should be considered by psychologists in arriving at an ethical course of action.
The Ethical Standards set forth enforceable rules for conduct as psychologists. Most of the Ethical Standards are written broadly, in order to apply to psychologists in varied roles, although the application of an Ethical Standard may vary depending on the context. The Ethical Standards are not exhaustive. The fact that a given conduct is not specifically addressed by an Ethical Standard does not mean that it is necessarily either ethical or unethical.
Term
This Ethics Code applies only to psychologists' activities
Definition
that are part of their scientific, educational, or professional roles as psychologists. Areas covered include but are not limited to the clinical, counseling, and school practice of psychology; research; teaching; supervision of trainees; public service; policy development; social intervention; development of assessment instruments; conducting assessments; educational counseling; organizational consulting; forensic activities; program design and evaluation; and administration.

This Ethics Code applies to these activities across a variety of contexts, such as in person, postal, telephone, internet, and other electronic transmissions.
These activities shall be distinguished from the purely private conduct of psychologists, which is not within the purview of the Ethics Code
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