Law and Ethics Midterm

• Protects the welfare of the client (most important)
• Protects the practitioner

Reflects the minimum standards that society will tolerate

Reflects the ideal standards set forth by a profession

behavior or act that involves public and open breaking of a law with a willingness to accept the consequences

written by the legislature, federal and state laws

written by agencies under the authority of the legislature

written by professional organizations (APA)

no

• introduction and applicability: who it applies to 
• Preamble: introduces document goals
• General principles
• Ethical Standards

• Beneficence and nonmaleficence
• fidelity and responsibility
• integrity
• justice 
• respect for peoples rights and dignity

strive to benefit those we serve and above all else to do no harm

we establish relationships of trust and we are aware of our scientific responsibilities to society and the specific communities in which we work

We seek to promote accuracy, honesty, and truthfulness in the science, teaching, and practice of psychology

We recognize that fairness and justice entitle all persons to access to and benefit from the contributions of psychology and to equal quality in the processes, procedures, and services being conducted

We respect the dignity and worth of all people, and the rights of individuals to privacy, confidentiality, and self-determination

• complaint submitted by members or nonmembers
• initial evaluation
• determination of cause for action exists (get a lawyer if investigation proceeds)
• possible recommendations/outcomes

• department of consumer affairs 
• They look out for the rights of the client!

• licensing and regulation of psychologists
• Ethics complaints
• sanctions if necessary

virtue ethics

• relies on character traits of provider
• involves ideals to which the profession aspires
• the right mixture of motives, knowledge, and character

principle-based ethics

• principle- based obligations that hold unless over-ridden by a superior obligation
• ya foo

• Errors in omission (ignore information because there is too much)
• mistakes in processing info
• delays in processing info
• filtering info
• approximation
• decentralized communication 
• escaping communication

Intuitive level

critical evaluation level

• ethic rules
• ethical principles
• ethical theory

• focus on facts and use ordinary moral sense.  
• It is prereflective or not given much thought (kind of knee jerk)
• cannot have exclusive reliance on this

go outside of yourself and see what the profession says

• Autonomy: individuals have freedom of action, choice, and thought as long as their behavior does not infringe upon the rights of others
• Nonmaleficence: do no harm
• beneficence: contribute to the health and welfare of others
• fidelity: be faithful, keep promises, loyal, and respectful of peoples rights
• justice: fairness, individuals must be treated as equals unless justified (children)
• Veracity: being truthful

• universalisability:  take the situation from each point of view starting with the client 
• balancing principle: the ethical decision that produces the least amount of avoidable harm to all involved, even if the benefit is limited

a movement that is intended to enhance the dignity, rights, and recognized worth of marginalized groups

• one's culture is superior to others
• others are inferior
• power to impose standards upon non-dominant groups
• manifestation of standards in the culture's institutions

the capacity to value diversity, conduct self-assessment, manage dynamics of difference, institutionalize cultural knowledge, and adapt to diversity and cultural contexts of the communities served

• self-awareness of one's values, biases, beliefs, and assumption
• understanding the world views and assumptions of culturally diverse clients without negative judgment 
• skill in using and developing interventions appropriate to diverse clients

• Ethical absolutism: rigid, dogmatic approach 
• ethical relativism: equal acceptance of all ethical values 
• it is best to not be extreme in any of these and to find a balance

standards

• mandatory 
• may be accompanied by an enforcement mechanism 

guidelines

• suggest or recommended specific behavior
• aspirational and educational 
• designed to ensure high level of professional practice

• method for addressing legal and ethical issues 
• format that allows for a complete response to each legal and ethical situation

• Issue: 
• rule (and exceptions)
• application/analysis (can apply in more than one way)
• conclusion

• may provide any psychological service to individuals, groups, organizations, or the public
• including but not limited to diagnosis, prevention, treatment, and amelioration of psychological problems and emotional and mental disorders and groups

• a psychologist must know what he/she is doing as determined by education, training, supervised experience, consultation, study, or professional experience.  If not, he/she must gain the competence immediately or make a thoughtful and appropriate referral 
• basically, what YOU say you can do and what you are prepared/trained to do

• technical knowledge: theory, interventions, framework
• social skills: interpersonal skills, sensitivity
• diversity/cultural competence
• emotional well-being (emotional competence and prudence)

• emotional competence:  the ability to withstand emotional difficulties associated with professional practice
• prudence: carefully thinking through situations/identify and adjust emotional reactions to events

• cultural knowledge re the background of the client
• culturally appropriate assessment instruments or appropriate adaptations of existing instruments
• sensitivity to within group differences
• biculturalism and intersectionality

• client-therapist matching
• psychotherapy in the preferred language
• therapy setting (what does it convey)
• understand attitudes of culture towards mental health care
• understand familial structure
• document culturally-relevant variables 
• competence issues with various groups

• fees
• cancellation policy
• intern/trainee status
• limits of confidentiality 
• is on ongoing process

• competency of the client
• disclosure of material information
• understanding of treatment 
• voluntary consent

• situations that are life threatening to the client
• when client is deemed incompetent to consent to treatment
• The client's prerogative
• therapeutic privilege (might have a detrimental effect on client)

• purpose, duration, procedures
• right to decline
• possible consequences of declining
• potential risks
• possible benefits
• limits of confidentiality 
• incentives
• who to contact with questions

• nature and purpose
• fees
• involved third parties
• limits of confidentiality 
• time/opportunity to ask questions

a psychologist must what is in the best interest of the client 

• mode of treatment (individual, couples, group therapy)
• duty to refer
• dual relationships (client might be as risk for exploitation by therapist)

• therapeutic relationship
• an obligation to act in the best interest of another party

• violations create a reasonable risk of harming or exploiting a client
• crossings can be violations, benign, or even helpful
• sound judgment is the key
• violations are a frequent basis for ethics complaints and malpractice suits

• self-disclosure
• gifts
• touching/hugging
• sales
• psychological voyeurism 
• intrusive advocacy

• no sexual contact for at least 2 years following termination
• a major reason for loss of license
• once a client always a client

• administrative action 
• criminal action 
• civil action
• professional association action

MFT cannot do testing and assessment and cannot work with organizations

LPCC cannot perform projective assessment, intelligence or neuropsyche testing, no batteries of three or more test to determine psychosis, dementia, or criminal behavior

• LCSW focus on social work and community activity
• training is fundamentally different

usually 3

taking reasonable steps to ensure competence to help others