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Standard 8.09 requires psychologists to "acquire, care for, use, and dispose of animals in compliance wiht current federal, state, and local laws and regulations, and with professional standards" and to "make reasonable efforts to minimize the discomfort, infection, illness, and pain of animal subjects." |
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Standard 6.05 states that "Psychologists may barter only if (1) it is not clinically contraindicated, and (2) the resulting arrangement is not exploitative. |
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Although the specific laws vary from jurisdiction to jurisdiction, all jurisdictions require psychologists to report known or suspected cases of child abuse to the appropriate authorities. |
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Client access to records is determined by law but, in general, the psychlogist is the owner of the physical record, while the client has the right to inspect the contents of the record. |
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Standard 5.05 states that "Psychologists do not solicit testimonials from current therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence." |
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Standard 3.04 addresses client welfare in a general way and states that psychologists "take reasonable steps" to avoid and minimize harm to clients, students, research participants, and others with whom they work. |
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Clients Receiving Services from Other Professionals |
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Standard 10.04 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 teh potential client's /patient's welfare. Psychologists discuss these issues with the client/patient...and proceed with caution." |
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Standard 6.04 states that "If the recipient of services does not pay for services as agreed, and if psychologists intend to use collectin agencies or legal measures to collect the fees, psychologists first inform the person that such measures will be taken and provide that person an opportunity to make prompt payment." |
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Standard 2.01 requires psychologists to "provide services, teach, and conduct research with populations an din areas only within the boundaries of their competence, based on their education, training, supervisedexperience, consultation, study, or professional experience." |
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Competence to Stand Trial |
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Definition
Laws related to competence to stand trial also vary, but all were derived from the standard set forth in Dusky v. US (1960), which defines a defendant as incompetent if, as the rsult of mental defect or illness,m the defendant lacks "sufficient present ability to consult with his lawyer with a reasonable degree of ratinal understanding, and ...a ratinal as well as a factual understanding of the proceedings against him". |
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Complainants and Respondents |
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Definition
Standard 1.08 states that "Psychologists do not deny persons employment, advancement, admissinos to academic or other programs, tenure, or pormotion, based solely upon theri having made or theri being the subject of an ethics complaint. This does no tpreclude taking action based upon the outcome of such proceedings or considering other appropriate information. |
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The obligatin of psychologists to protect clients from unauthorized disclosure of information revealed in the context of the professional relationship. confidentiality is both an ethical principle and, for some situatins, a legal requirement. |
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Standard 4.06 states that "When consulting with colleagues, (1) psychologists do not disclose confidential info that reasonably could lead to the identificatin of a client, research participant, or other person or organization...unless they have a confidential relationship unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided, adn (2) they disclose info only to the extent necessary to achieve the purposes of the consultation. |
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Acceptable only when the following conditions are met: (a) the use of deception is justified by the "study's significant prospective scientific, educatinal, or applied value and...effective nondeceptive alternative procedures are not feasible"; (b) prospective participants are not deceived about conditions that can be "reasonably expected to cause physical pain or severe emotional destress"; and (c) participants will be debriefed "preferably at the conclusion of their participation, but no later than at the conclusion of the data collection." |
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Education and Supervision |
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Definition
Require psychologists to act competently and responsibly when teaching, supervising, and designing education and training programs and to avoid misrepresentng themselves or their work when performing these functions. |
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Ethical Violations By Colleagues |
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Definition
Encourages psychologists to handle ethical violations informally by discussing the matter with the offender when an "informal resolution appears appropriate:' also states that psychologists make a formal report to the Ethics Committee, state licensing board, or other appropriate authority 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 inforaml resolution. They also require that, before psychologists take any action, they must consider the issue of client confidentiality, which always takes precedence over the need to educate or punish an offending psychologist. |
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A person who testifies as to what she has seen, heard, or otherwise observed regarding a circumstance, event or occurrence as it actually took place. they are generally not allowed to offer opinion, address issues that they do not have personal knowledge of or respond to hypothetical situations. |
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A person who by reason of education or specialized experience possesses superior knowledge respecting a subject about which persons having no particular training are incapable of forming an accurate opinion or deducing correct conclusions. A person who has been qualified as an expert witness by the court will be allowed to offer opinions and provide testimony based on hypothetical scenarios. |
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The Family Education Rights and Privacy Act of 1974 (also known as teh Buckley Amendment), which applies to records maintained by educational institutions receiving federal funds. FERPA prohibits schools from disclosing personally identifynig information from student records without the consent of the parents of students or students aged 18 and older. It also grants parents and students the right to inspect the student's educational records. |
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General guidelines for Providers of Psychological Services |
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Definition
These were adopted "as a means of self-regulation in the public interest," and its provisions are general and aspirational. The Guidelines delineates basic guiding principles for all providers of psychological services (although teaching psychology, conducting research, and writing and editing scientific manuscripts are not considered "within the purview" of the Guidelines), and its goal is to "improve the quality, effectiveness, and accessibility of psychological services." |
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Definition
Psychologists do not engage, directly or through agents, in uninvited in-person solicitatin of business from actual or potenial therapy clients/patients or other persons who because of their particular circumstances are vulnerable to undue influence. |
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Informed Consent and Assent |
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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 using language that is reasonably understandable to that person. It also states that "for persons who are legally incapable of giving informed consent, psychologists nevertheless 1. provide an appropriate explanation, 2. seek the individual's assent, 3. consider such persons' preferences and best interests, and 4. obtain appropriate permission from a legally authorized person." |
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Informed Consent for research |
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Definition
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 teh 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 prospecive research benefits; 6. limits of confidentiality; 7. incentives for participation; and 8. whom to contact for questions about the research and the participants' rights. |
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Informed Consent for Therapy |
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Definition
Psychologists inform clients/patients as early as is feasible in teh therapeutic relationship about the nature and anticipated course fo therapy, fees, involvement of third parties, and limits of confidentiality and provide sufficient opportunity for the client to ask questions and receive answers. |
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Definition
A legal concept. Most definitions reflect the rule set forth by the American Law Institute, which states that a person is not guilty by reason on insanity (ie. is not responsible for the alleged act) if, because of a mental disease or defect, "that person lacks substantial capacity to appreciate the wrongfulness of the act or lacks substantial capacity to behave according to the requirements of the law." |
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Interruption and Termination of Therapy |
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Definition
Psychologists must terminate therapy when it becomes reasonably clear that the client no longer needs the service, is not likely to benefit, or is being harmed by continued service, and when doing so, to provide pretermination counseling and suggest alternative service provders as appropriate. |
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Definition
4 conditions must be met: 1) The psychologist must have had a professional relationship with the person, which established a legal duty of care. 20 There must be a demonstrable standard of care that the psychologist has breached. 3) The person suffered harm or injury. 4) The psychologist's breach of duty within the context of the standard of care was the proximate cause of the person's harm or injury. |
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Definition
A psychologist refrains from entering into a multiple relationship if the multiple relationship could reasonably be expected to impair the psychologist's objectivity, competence, or effectiveness in performing her functions as a psychologist, or otherwise risks exploitation or harm to the person with whom the professional relationship exists. |
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Definition
1) Psychologists do not base their assessment or intervention decisions or recommendations on data or test results that are outdated for the current purpose; 2)Psychologists do not base such decisions or recommendations on tests and measures that are obsolete and not useful for the current purpose. |
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Definition
1) Psychologists refrain from initiating an activity when they know or should know that there is a substantial likelihood that their personal problems will prevent them from performing their work-related activities in a competent manner; 2) Whey they become aware of personal problems that may interfere with their performing work-related duties adequately, they take appropriate measures, such as obtaining professional consultation or assistance, and determine whether they should limit, suspend, or terminate their work-related duties. |
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Privilege and Holder of the Privilege |
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Definition
A legal concept that protects a client's confidentiality in the context of legal proceedings. Most jurisdictions now have laws that establish privilege for communications between licensed mental health practitioners and their clients. Teh client is ordinarily the "holder of the privilege," but a psychologist can assert the privilege on behalf of a client, and there are exceptions to privilege that are legally defined. |
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Psychologists strive to contribute a portion of their professional tiem for little or no compensation or personal advantage. These are recommended but not required. |
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1) Psychologists take responsibility and credit, including authorship credit, only for work they have actually performed or to which they have substantially contributed, 2)Principal authorship and other publication credits accurately reflect the relative scientific or professional contributions of the individuals involved, regardless of their relative status. |
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Record Keeping Guidelines |
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Records must include at a minimum, identifying data, dates of services, types of services, fees, assessment reports and intervention plans, and releases of information. |
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Term
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Definition
When psychologists pay, receive payment from, or divide fees with another professional, other than in an empoyer-employee relationship, the payment to each is based on teh services provided (clinical, consultative, administrative, or other) and is not based on the referral itself. |
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1) Determine if the subpoena is a legally valid demand. 2) If valid, a formal response will be required, but the psychologist should contact the client to discuss the implications of providing the requested information. 30 If the client consents to disclosure and there are no reasons for withholding the information, the psychologist should provide the info. If the client does not consent, the psychologist or her attny. can attempt to negotiate with the party who issued the subpoena. 4) If the requesting party continues to demand that the information be provided, the psychologist can seek guidance from teh court informally through a letter or have her attny file a motion to quash the subpoena or a motion for a protective order. |
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Defined as "sexual solicitation, physical advances, or verbal or nonverbal conduct that is sexual in nature, that occurs in connection with the psychologists activities or roles as a psychologist, and that either 10 is unwelcome, is offensive, or creates a hostile workplace or educational environment, and the psychologist knows or is told this or 20 is sufficiently severe or intense to be abusive to a reasonable person in the context. |
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Sexual Intimacies with Clients and Former Clients |
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Definition
Explicitly prohibited with current clients. Also forbids a psychologist from having a sexual relationship with a former client for at least 2 years after cessation of therapy. Also says that even after the 2 year limit, a relationship may be acceptable only in the "most unusual circumstances." Prohibits psychologists from providing therapy to people with whom they have had sexual relationships in the past. This exclusion is absolute: there are no time limits or other exceptions. |
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Sexual Misconduct (by therapists) |
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Definition
Male therapists engage in sexual and other dual relationships with clients much more often than females, and these males are usually older than the female clients they become involved with, with the average therapist being between 42 and 44 and teh client being between 30 and 33. No consistent relationship has been found between risk for sexual misconduct and theoretical orientatin, professional experience, or education. |
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Sexual Relations with Students and Supervisees |
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Definition
Psychologists do not engage in sexual relationships with students or supervisees who are in their department, agency, or training center or over whom psychologists have or are likely to have evaluative authority. |
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Not explicitly addressed by the Ethics Code but are generally considered acceptable as long as use of a slididng fee scale is fair and serves the best interests of the client. |
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Specialty Guidelines for Forensic Psychologists |
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Definition
To provide an aspirational model of desirable professional practice by psychologists...in an activit primarily intended to provide professional psychological expertise to the judicial system. In contrast to the other Specialty guidelines, it does not define minimum qualifications in terms of education and training but, instead, focuses on professional practice issues in teh context of forensic work. |
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Definition
Established a duty to warn an intended victim of a therapy client; however, in a rehearing of the case, this was changed to a duty to protect the intended victim by warning her, notifying the police, or taking other steps. |
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Definition
Raw and scaled scores, client/patient responses to test questions or stimuli, and psychologists notes and recordings concerning client/patient statements and behavior during an examination. It also states "Pursuant to a client release, psychologists provide test data to the client or otehr persons identified in the release. |
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Test Scoring and Interpretation Services |
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Psychologistswho offer assessment or scoring services to other professionals accurately describe the purose, norms, validity, reliability, and applications of the procedures and any special qualificatins applicable to their use...and psychologists retain responsibility for the appropriate application, interpretation, and use of assessment instruments whether they score and interpret such tests themselves or use automoated or other services. |
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Under certain circumstances, supervisors and employers may be legally responsible for the actions of their supervisees and employees. This is referred to as vicarious liability (respondeat superior). |
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