Law and Ethics Midterm

  1. 2 reasons why we practice ethically and legally
    • Protects the welfare of the client (most important)
    • Protects the practitioner
  2. Define laws
    Reflects the minimum standards that society will tolerate
  3. Define ethics
    Reflects the ideal standards set forth by a profession
  4. define civil disobedience
    behavior or act that involves public and open breaking of a law with a willingness to accept the consequences
  5. What are statutes?
    written by the legislature, federal and state laws
  6. What are regulations?
    written by agencies under the authority of the legislature
  7. what are ethical standards?
    written by professional organizations (APA)
  8. Is there any law than the constitution?
  9. what are the four categories of the psychologists code of conduct?
    • introduction and applicability: who it applies to 
    • Preamble: introduces document goals
    • General principles
    • Ethical Standards
  10. Name the 5 general principles of code of conduct
    • Beneficence and nonmaleficence
    • fidelity and responsibility
    • integrity
    • justice 
    • respect for peoples rights and dignity
  11. define Beneficence and nonmaleficence
    strive to benefit those we serve and above all else to do no harm
  12. Define fidelity and responsibility
    we establish relationships of trust and we are aware of our scientific responsibilities to society and the specific communities in which we work
  13. Define integrity
    We seek to promote accuracy, honesty, and truthfulness in the science, teaching, and practice of psychology
  14. Define Justice
    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
  15. Define respect for people's rights and dignity
    We respect the dignity and worth of all people, and the rights of individuals to privacy, confidentiality, and self-determination
  16. What is the complaint process for the APA ethics committee
    • complaint submitted by members or nonmembers
    • initial evaluation
    • determination of cause for action exists (get a lawyer if investigation proceeds)
    • possible recommendations/outcomes
  17. Who does the Board of Psychology practice under?
    • department of consumer affairs 
    • They look out for the rights of the client!
  18. What is the job of the Board of Psychology?
    • licensing and regulation of psychologists
    • Ethics complaints
    • sanctions if necessary
  19. virtue ethics vs. principle-based ethics?
    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
  20. what are the possible errors in the age of electronic overload?
    • 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
  21. What are the Kitchener levels of ethical decision making?
    Intuitive level

    critical evaluation level

    • ethic rules
    • ethical principles
    • ethical theory
  22. Kitchener levels of ethical decision making: intuitive level
    • 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
  23. Kitchener levels of ethical decision making, critical evaluation level: ethical rules
    go outside of yourself and see what the profession says
  24. Kitchener levels of ethical decision making, critical evaluation level: ethical principles
    • 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
  25. Kitchener levels of ethical decision making, critical evaluation level: Ethical theory
    • 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
  26. define multiculturalism
    a movement that is intended to enhance the dignity, rights, and recognized worth of marginalized groups
  27. Define ethnocentric monoculturalism
    • 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
  28. Define cultural responsiveness
    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
  29. What is required for multicultural competence?
    • 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
  30. Extreme approaches to multiculturalism
    • 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
  31. standards vs. guidelines

    • mandatory 
    • may be accompanied by an enforcement mechanism 


    • suggest or recommended specific behavior
    • aspirational and educational 
    • designed to ensure high level of professional practice
  32. Define IRAC
    • method for addressing legal and ethical issues 
    • format that allows for a complete response to each legal and ethical situation
  33. What is each stage of the IRAC?
    • Issue: 
    • rule (and exceptions)
    • application/analysis (can apply in more than one way)
    • conclusion
  34. what is the scope of practice for psychologists?
    • 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
  35. What is the rule of competence?
    • 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
  36. Name the four parts of competence
    • 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
  37. Cultural competence: assessment
    • 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
  38. Cultural competence: intervention
    • 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
  39. what needs to be included in informed consent?
    • fees
    • cancellation policy
    • intern/trainee status
    • limits of confidentiality 
    • is on ongoing process
  40. What are the components of informed consent?
    • competency of the client
    • disclosure of material information
    • understanding of treatment 
    • voluntary consent
  41. What are the exceptions to informed 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)
  42. Informed consent for research requires what?
    • purpose, duration, procedures
    • right to decline
    • possible consequences of declining
    • potential risks
    • possible benefits
    • limits of confidentiality 
    • incentives
    • who to contact with questions
  43. informed consent for assessment requires what?
    • nature and purpose
    • fees
    • involved third parties
    • limits of confidentiality 
    • time/opportunity to ask questions
  44. What is the rile of client welfare and items that fall under it?
    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)
  45. Define a fiduciary relationship
    • therapeutic relationship
    • an obligation to act in the best interest of another party
  46. boundary violations vs. boundary crossings
    • 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
  47. Name some common boundary crossings
    • self-disclosure
    • gifts
    • touching/hugging
    • sales
    • psychological voyeurism 
    • intrusive advocacy
  48. client welfare: sexual misconduct
    • no sexual contact for at least 2 years following termination
    • a major reason for loss of license
    • once a client always a client
  49. four reporting options for therapist sexual misconduct
    • administrative action 
    • criminal action 
    • civil action
    • professional association action
  50. Scope of Practice: MFT vs psychologist
    MFT cannot do testing and assessment and cannot work with organizations
  51. Scope of Practice: Psychologist vs. clinical counselor
    LPCC cannot perform projective assessment, intelligence or neuropsyche testing, no batteries of three or more test to determine psychosis, dementia, or criminal behavior
  52. Scope of Practice: Psychologist vs. Clinical social worker
    • LCSW focus on social work and community activity
    • training is fundamentally different
  53. when making referrals, what is the minimum number?
    usually 3
  54. Define the culture of safety
    taking reasonable steps to ensure competence to help others
Card Set
Law and Ethics Midterm
Law and Ethics Midterm