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Final Exam
ethical and legal issues in psychology final exam
47
Psychology
Graduate
07/01/2014

Additional Psychology Flashcards

 


 

Cards

Term

True or False:

Both legal and mental health professionals often deal with conflicts in which human beings are under great stress

Definition
True
Term

True or False:

Bothe legal and mental health professionals deal with life challenges that have psychological and legal dimensions (divorce, child custody, death, life transitions)

Definition
True
Term

True or Falce:

Both legal and mental health professionals may give advice to clients to help them with difficult problems.

Definition
False... this is true for the most part, but direct advice is more favored in law than in most types of mental health counseling.
Term
Legal Truth vs. Counseling Truth
Definition

Legal Truth is defined as rational, based on natural law and authority of precedent

Counseling truth is empirical, based on inference from observation. 

Term
According to the APA 2002 code of ethics, what happens if a psychologist's ethical responsibilities conflict with laws and regulations?
Definition
According to the APA code of ethics 2002, if a psychologist's ethical responsibilities conflict with law, regulations, or other governing legal authority, psychologists make known their commitment to the Ethics Code and take steps to resolve the conflict.  If the conflict is unresolvalbe via such means, they may adhere to the req. of the law, regulation or other authority.
Term
Statutory Law
Definition
Statutory law is a source of legal codes where mandates are created and passed by congress and state legislatures
Term
Constitutional Law
Definition
court decisions involving constitutional cases result in legal codes
Term
common law
Definition
results from anglo-saxon tradition and previous court decisions. I.e. client privilege stems from english common law to guarantee clients the ability to discuss issues in confidence with their attorneys, has been applied to mental health professionals.
Term
Jaffee v. Redmond
Definition

Plaintiffs sought disclosure of confidential communication between Police

Redmond and Karen Beyer

Conclusion: recognize psychotherapist/patient privilege and protect information from compelled disclosure in court. 

Term
Rogers v. Commisioner of the Dept. of Mental Health
Definition
Outlines the requirements to be met in order to involuntarily administer antipsychotic medication. "only when person is a threat to self or others, and if other less intrusive methods have been exhausted"
Term
What are the two central aspects of informed consent
Definition

Disclosure by the counselor

Free consent-this refers to the notion that the client's decision to engage in counseling is made without coercion or undue prssure.

Term
What is the major ethical principle involved in informed consent?
Definition

The major principle involved in informed consent is respect for autonomy.

Justice and nonmaleficence are also invoked.

Term
What are five approaches to informed consent, as described by zuckerman
Definition

client info brochure

question list

declaration of rights

contract

consent to treatment form

 

Term

Informed consent special populations:

Minors

People with diminished capacity

Court-mandated counseling

Internet-Counseling

Definition

Minors- custodial parent or guardian must give informed consent. obtain assent from child. 

People with diminished capacity- present information in an understandable manner

 

Term
Competence
Definition
Competence refers to the quality of having adequate or better ability to perform some task physically, intellectually, emotionally, or otherwise
Term
Mandated Reporting
Definition
Mandated reporting of suspected child abuse
Term
Recordkeeping
Definition

Required by MA law

Ethics Code

Risk management

Term
Which ethiccal codes does the board of allied mental health services professions in ma adopt?
Definition

ACA

AMHCA

Term

True or false:

A Mental Health Counselor can be sued for malpractice while conducting a court ordered evaluation

Definition
False! A mental health counselor is protected from being sued by a patient while conducting a court-ordered evaluation.
Term
HIPAA
Definition

The purpose of HIPAA is to protect the privacy of people using health care services while also allowing some information exchange.

Clients have access to their records

They can give non coerced permission to release informatin for insurance and other necessary issues

each office must have a privacy officer

psychotherapy notes areconsidered at a higher level of privacy than regular health care notes  

Term
HIPAA's three main rules
Definition

Security Rule- details what health-care providers need to do to prevent the unintended release or destruction of elctronic patient informaiton and safeguard those records

Privacy Rule- governs how psychologiss intentionally disclose protected information to others, including patients, insurance companies, and other providers

Transaction Rules- standardizes the electronic format for health care transactions. 

Term
FERPA- Family Educational Rights and Privacy Act
Definition

relevant to gencies tha receive federal aid

For people under the age of 18, the rights to review the education records resides with the students paretns or legal guardians

For people over the age of 18, the rights are granted to the individual. 

 

Term
Record Keeping
Definition

The licensee must maintain a cleint's record for a minimum period of 5 years from the date of the client's last professional encounter with teh licensee.

If the client is a minor, the licensee must maintain teh record for at lest 1 year after the client has reached the age of majority, and no less than 5 years. 

Term
6 central ethical mandates for community counselors
Definition

1. recruit honestly and avoid solicitation

2. Fair fees and clear communication

3.Establish alternative care when services must be interrupted

4. Accurate record keeping

5.client privilege applies even when they are mandated to receivetherapy

6. if client neeeds to be hospitalized against their wishes, the procedures used should be respectful to clients and minimally restrict their freedom

 

Term
Treating clients seen by others: APA
Definition
request release from client to contact other providers and establish positive collaborative relationship.
Term
Guidance counseling
Definition

Guidance counseling serves k-12 population

Built on a philosophy of prevention, short term counseling, and program development.

Infuses career development and group work

Focuses on health and wellness

Term
The Birth of Mental Health Counseling
Definition

Mid 1970s

Psychotherpay became part of health care thir party reimbursements. 

AMHCA begins in 1976

Term
What distinguishes MHC's from other mental health service providers?
Definition

Focus on wellness

Focus on strengths

Infusion of a contextual perspective

Focus on work and career 

Infusion of intellecutal contributions from psychology and other fields.

Term
History of abuses by health professionals led to increased emphasis on ethics in post WWII world. List some
Definition

Nazi doctors-- Nuremberg Code

CIA research on brainwashin and mind control

Tuskegee shyphillis experiment

Aids drug testin on nyc minority orphans

psychiatric hospitalization of dissidents in USSR

Term
Welfel's five core dimensions of ethical behavior and practice
Definition

competence

respect for hyman dignity

use power responsibly

promote public confidence in profession

place welfare of the client as top responsibility

Term
Koocher and Ketih-Spiegel nine core ethical principles
Definition

do no harm

respect autonomy

benefit others

be just

be faithful

accord dignity

care and compassion

pursuit of excellence

accept accountability

Term
Welfel's three most central codes for non-physician mental health practitioners
Definition

APA 

ACA

NASW

Term
Forms of Ethical Reasoning
Definition

Intuitive ethical judgment

Critical-evaluative judgment

Term
Principle Ethics
Definition

Respect for autonomy

Nonmaleficence

Beneficence

Justice

Fidelity

Term
Moral Law theory
Definition
Assumes that there are universalmoral laws that must be followed
Term
Biblical theory
Definition
assumes that absolute laws exist that were outlined in the Bible and that must be followed
Term
Utilitarianism
Definition
assumes that morality is contextually based-defined based on teh benefits it provides to society- focused on the action that provides the best results.
Term
Virtue Ethics
Definition

focuses on the historically formed character of identifiable persons, which forms the basis for professional judgment. Focus on intentions, moral posture, and character vs. principle ethics focus on acts and choices. 

Ideal vs. obligations

Term
Common Virtues
Definition

Prudence

Integrity

Respectfulness

Benevolence

 

Term
Prilleltensky categorized the practice of psychology into 4 broad approaches"
Definition

Traditional--neutral value fee

Empowering-- tenets of feminist models

Postmodern--deconstructing opressive mechanisms- change inside individual

Emancipatory Communication-defines self rom interpersonal and sociopolitical frame, individual and social problems

Term
The five values of the Emacipatory Communication Approach
Definition

Self-Determinatin

caring and compassion

collaboration and democratic participation

Human Diveristy

Distributive Justice

 

Term
Boundary Crossing and Boundary Violation
Definition

Boundary crossing is a departure from common practice with the intent to help a client with some credible evidence that benefit is likely to result.

Boundary Violation is a departure from accepted practice that causes the client harm or is very likely to cause harm. Usually for the counselor's benefit.

Term
Fiduciary Obligation
Definition
The fiduciary obligation refers to the ethical obligations that a counselor has toward a client to be relieable and committed to the client's welfare.  It arises from our positions of power and expertise. Primary concern is enhance and safeguard the clietn's welfare
Term

Is there a loss of effectiveness

objectivity

competence

exploitation

Definition
Doverspike criterion for evaluating a dual relationship.
Term
The three interrelated dimensions of client-therapist relationship
Definition

Real relationship

transference relationship

working relationship

Term
Gabbard on sexual contact with former patients
Definition

transference

internalized therapist

continuing professional relationship

unequal power

harm to patients

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