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The Ethics Committee and Ethics Complaints - cooperate with the Ethics Committee
requires psychologists to cooperate with the Ethics Committee “in ethics investigations, proceedings, and resulting requirements of the APA or any affiliated state psychological association to which they belong. In doing so, they address any confidentiality issues.” It also states that “failure to cooperate is itself an ethics violation ... [but that] making a request for deferment of adjudication of an ethics complaint pending the outcome of litigation does not alone constitute noncooperation.”
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The Ethics Committee and Ethics Complaints - Reprimand
the appropriate sanction if there has been an ethics violation, but the violation was not of a kind likely to cause harm to another person or to cause substantial harm to the profession and was not otherwise of sufficient gravity as to warrant a more severe sanction.
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The Ethics Committee and Ethics Complaints - Censure
the appropriate sanction if there has been an ethics violation and the violation was of a kind likely to cause harm to another person, but the violation was not of a kind likely to cause substantial harm to another person or to the profession and was not otherwise of sufficient gravity as to warrant a more severe sanction.
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The Ethics Committee and Ethics Complaints - Expulsion from membership
the appropriate sanction if there has been an ethics violation and the violation was of a kind likely to cause substantial harm to another person or the profession or was otherwise of sufficient gravity as to warrant such action.
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The Ethics Committee and Ethics Complaints - A stipulated resignation
may be offered by the Committee following a Committee finding that the respondent has committed a violation of the Ethics Code or failed to show good cause why he or she should not be expelled, contingent on execution of an acceptable affidavit and approval by the Board of Directors.
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Ethical Violations by Colleagues
Standard 1.04 (Informal Resolution of Ethical Violations) encourages psychologists to handle ethical violations informally by discussing the matter with the offender when “an informal resolution appears appropriate”, while Standard 1.05 (Reporting Ethical Violations) 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 informal resolution.
Both standards require that psychologists consider the issue of client confidentiality before taking any action, which always takes precedence over the need to educate or penalize an offending psychologist. In other words, if an informal or formal action will violate client confidentiality, the action is prohibited. For example, if a client tells their current therapist that a former therapist borrowed a large sum of money from them and hasn’t paid them back, and that the therapist came to many therapy sessions drunk, the current therapist could not contact the former therapist or file a complaint against them without the consent of the client.
Finally, note that Standards 1.04 and 1.05 clearly require psychologists to take action when they believe a colleague has acted unethically (as long as client confidentiality has been considered), but they allow psychologists to determine what action is most appropriate. Even though Standard 1.05 requires psychologists to file a formal complaint when the violation involves substantial harm, it is up to the psychologist to decide what constitutes substantial harm.
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Practice Questions - The Ethics Committee is investigating a complaint against a psychologist and requests, by letter, that you provide it with information about the complainant who is a former client of yours. When you check your records, you realize that you stopped seeing this client over eight years ago. As an ethical psychologist you respond immediately to the Committee by:
1. sending the information it has requested.
2. informing the Committee that the information you have about the client is obsolete.
3. providing only the information you feel is relevant to the complaint.
4. providing the information only after determining that the client has signed a release.
Answer 4 is most consistent with the requirements of Standard 1.05, which states: “Psychologists cooperate in ethics investigations, proceedings, and resulting requirements of the APA or any affiliated state psychological association to which they belong. In doing so, they address any confidentiality issues.”
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Practice Questions - You go out for a drink after work with a psychologist who is one of your co-workers at a community mental health clinic. After several drinks, they accidentally reveal that they are having a sexual relationship with a current therapy client. Your best course of action would be to:
1. discuss the matter with the clinic director “as early as is feasible.”
2. discuss the issue with the psychologist when they have not been drinking.
3. make an appointment with the client to discuss the issue with them.
4. file a complaint against the psychologist with the Ethics Committee.
Answer 2 is the best response of those given because it addresses a psychologist’s ethical obligation to respond to an ethical violation by a colleague in a way that does not violate the client’s confidentiality.
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