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What are the 3 exceptions to informed consent with minors?
- emancipated minor
- mature minor
- holder of privilege is not acting in best interest of minor
What is an emancipated minor?
a legal status conferred on persons who have not yet attained the age of legal competency (as defined by state law) but are entitled to treatment as if they have such status by virtue of assuming adult responsibilities, such as self-support, marriage, or procreation.
What is a mature minor?
someone who has not reached adulthood (as defined by state law) but who, according to state law, may be treated as an adult for certain purposes (e.g. consenting to treatment for venereal disease, drug abuse, or emotional disorders).
5 exceptions to the confidentiality rule
- danger to self (SI)
- danger to others (duty-to-protect)
- legal proceedings (subpoenas, court orders, privileged communications)
- insurance companies
5 reasons for terminating therapy
- service is no longer needed
- not likely to benefit from keeping in services
- harmed by continuing services
- danger to therapist
- non-payment of bills
witholding information/records from patients
- patient would be harmed by having that information
- patient has not paid the bill (unless need to release it for emergency purposes)
don't offer so much compensation it becomes an inducement in itself
- don't disregard outliers
- don't manipulate data
the researcher who does the work gets the credit as the lead name on the published document
- don't always share results with client
- but make it clear before if those are your intentions
bartering is allowed for services but the exchange must be fair and agreed to by both parties before it begins
Privilege refers to legal situations and legal proceedings
- Normally psychologists hold privilege, but in legal
- proceedings the patient holds the privilege
With current patients, current students is unethical
- Waiting 2 years is not enough in itself to satisfy the
- requirement to have sex with a former patient
No sex with patient’s families or immediate relatives
7 factors to consider before having sexual relations with a former client
- time passed since termination
- nature, duration, and intensity of Tx
- circumstances of termination
- patient's personal history
- patient's current mental status
- likelihood of adverse impact on former client
- Was there any statement of action made by the therapist during therapy suggesting a post-termination sexual relationship? (unethical)
code vs. law
Following ethics code does not ensure that you are following laws
When laws and ethics code conflict, follow the higher standard
If working within organization and conflict cannot be resolved, can follow the rule of the organization except in the case of violation of human rights
Keep records 7 years after termination for adult
Keep records 3 years after turn 18 or 7 years after termination with children (whichever is longer)
Board of psychology in CA has the power to revoke your license
APA or CPA cannot discipline you that way
They can sanction you or kick you out but they cannot stop you from practicing
Only the state board of psychology can do that
Duty to warn/protect - need 3 things
- special relationship with potential perpetrator
- ability to predict violence will occur with reasonable sense (certifiable threat against a third party)
- clearly identifiable victim(individual or specific identifiable group)
What is test data?
scores and behavioral observations
HIPAA’s affirmative duty to provide test data to clients/patients and others identified in a client’s/patient’s release
provide test data to clients or document why you chose to withhold it
- not in patient's best interest to do so
- to protect test materials
- to prevent misuse of test data
HIPAA's 3 components
- privacy standards
- transaction standards
- security standards
What is PHI?
Protected health information – written, typed, or electronic individually identifiable information related to (a) a person’s past, present, or future physical or mental health; (b) provision of healthcare to the person; or (c) past, present, or future payment for health care.
To what does the ethics code apply?
Activities, persons, settings, and communication contexts
What is "reasonable"?
The prevailing judgment of psychologists engaged in similar activities in similar circumstances, given the knowledge the psychologist had or should have had at the time.
- stipulated resignation
Beneficence and Nonmaleficence
Strive to do good and avoid doing harm
Fidelity and Responsibility
faithfulness of one human being to another
responsibility to obtain and maintain high standards of competence
- Honest communication, truth telling, promise
- keeping, and accuracy in the science, teaching, and practice of psychology
- Strive to provide to all people fair, equitable,
- and appropriate access to treatment and to the benefits of scientific knowledge.
Respect for People's Rights and Dignities
- Respect the dignity and worth of all people, and
- the rights of individuals to privacy, confidentiality, and self-determination.
focal virtues for psychology
Steps in ethical decision making
1. Develop and sustain a professional commitment to doing what is right.
- 2.Acquire sufficient familiarity with Ethics Code
- to be able to anticipate situations that require ethical planning and to identify unanticipated situations that require ethical decision making.
- 3. Gather additional facts relevant to specific
- ethical situation
- 4. Make efforts to understand different
5. Generate ethical alternatives
6. Select and implement an ethical course of action
7. Monitor and evaluate the effectiveness of course of action
8. Modify and continue to evaluate ethical plan