Generally, confidentiality and any applicable exceptions should be discussed at the onset of the professional relationship. Are there enough adequately trained psychologists to staff the justice system to provide valid assessments? Informed consent is not a recent development in the medical field. 1). Rodney K. Goodyear and E. Robert Sinnett. In his “Research Update on Adult Drug Courts,” published by the National Association of Drug Court Professionals, Marlowe states: The quality of treatment is also a critically important consideration. Informing the patient is not enough. 4). If she had fulfilled the first request only she would have been following the proper guidelines for confidentiality. In his reports for the different kinds of courts, highly respected researcher, Douglas B. Marlowe, JD, PhD, sets out the importance of the quality of treatment for the success of such programs. This caution is found in the writing of many researchers. San Francisco, CA: Jossey-Bass/Wiley. A meaningful evaluation of the areas with adequate treatment resources as compared to those with less treatment would be informative. Are there enough adequately trained psychologists to staff the justice system to provide adequate training and supervision of the probation and parole staff in conducting needed screenings? Legal, Ethical and Policy Issues & Trends in School Psychology PSYC 615, Section 001, 3 Credit Hours Wednesday 9:00-11:45 111 Kinard Hall Fall 2016 Dr. Antigo Martin-Delaney 114-A Kinard martina@winthrop.edu Phone: Ext 2629 Office Hours: Monday (1:00-4:00) & Wednesday (2:00-4:00); other times by appointment only The definition of professional competence has changed over the years to encompass not only acquiring specialized knowledge but also to include the way that knowledge is used. Lackluster results have commonly been reported for programs that failed to offer evidence-based treatments, neglected to include family members or other caregivers in the interventions, or made insufficient efforts to tailor their interventions to the cognitive and maturational levels of the juveniles. At times it can be difficult to ensure that you are not developing a personal relationship with a patient. Learn legal ethical issues abnormal psychology psychopathology with free interactive flashcards. That question leads to the question of whether the forensic psychologists have a professional duty to advocate for services that are available to the community without having to go to court. In conclusion, providing effective treatment requires therapists not only to understand and follow laws and guidelines pertaining to informed consent, assessment, and confidentiality but also to maintain his or her professional competency. On the other hand, emotional competence focusses on our awareness and understanding of our own strengths and weaknesses and how they may affect us in certain situations that could arise during therapy (Pope & Vasquez, 2011). Depression, disorientation, or other symptoms of a medical condition could affect the patient’s judgment. What should be the minimum qualifications for the forensic psychologist to be considered an expert? © 2020 APA Div. There are many reasons patients may refuse care even though it is needed and they understand the possible consequences of their decision. This can be done by continuing to develop knowledge of advances made in psychology in addition to legislative changes that apply to issues that could affect therapy and treatment. It is essential that therapists are capable of providing the treatment or therapy clients’ need, especially when dealing with his or her emotional, physical, or mental wellbeing. Over the last week we have discussed a number of court cases in class that have influenced changes in the practice of professional psychology. For instance, as discussed in class, while it is legally acceptable to disclose minimal information as needed to try to collect payment for services provided to a client there are ethical considerations that need to be taken into account. Choose from 500 different sets of psychology ethical issues flashcards on Quizlet. If a person fails to get clean and sober with inadequate or inappropriate treatment, should the courts punish them and should they be adjudicated as habitual offenders? Indian J Psychiatry: IPS Clinical Practice Guidelines. Some of the questions are systemic; other questions are only answerable at the individual personal level, professional by professional. This is reflected in a number of professional areas, but starts with the therapist's competence to practise. First, failure to adequately inform the patient could be cause for legal action against the doctor. 12). Ethical and legal issues which are likely to be encountered in practice; like record keeping, confidentiality, boundary crossings and violations, medical negligence and other practical issues have been examined in this chapter. The client may attempt to bring a malpractice suit against the psychologist which could in turn cost the psychologist more than the amount owed. But if it is not the experts who work with the system who will explain the needs, who will? This is also the case if a psychologist plans to teach, practice, or conduct research “involving populations, areas, techniques, or technologies new to them” (pg. It is better to get legal advice to ensure there is not a problem rather than putting oneself in risk of a malpractice suit. This could be done in a number of ways, including discussions, reading materials, or in some cases using other resources like the Internet or videos (Sabatino, 2012). One of the most used definitions of professional competence comes from Epstein and Hundert (2004). Isaac R. Ethics in the practice of clinical psychology. Drug Courts are proven to retain offenders in treatment considerably longer than most other correctional programs when Drug Courts adopted standardized, evidence-based treatments. Of course, a client refusing to pay for the services that he or she received or are receiving can also damage the relationship between a client and therapist. The relationship between a therapist and client is based on trust. Another case, Schloendorff v. Society of New York Hospital (1914) a patient sued the doctor and hospital for performing a surgery that he did not authorize. Even though legal issues are probably not what first come to mind when most people think about psychology there is more involved in the practice of professional psychology than theories and treatment options. Issues surrounding relationship… Informed consent. Now, after years of fits and starts by drug courts and other specialty courts, the lack of adequate treatment that is specific to the individuals' needs, culturally appropriate, and both geographically and economically accessible, the possibility looms that the public may rebel at the justice systems' failed attempts to use the power of the courts to “cure” people. Ethical dilemmas are important puzzles with no easy answers but are fun to contemplate. Once again an ethical decision would need to be made regarding what is the right thing to do in this type of situation and what can legally be done. Indian J Med Ethics. Professionals in this field are equally required to adhere to the laid down legal and ethical … In 1891 the Supreme Court ruled that people have the right to self-determination and in Schloendorff v. Society of New York Hospital (1914) the judge decided in favor of a patient who sued his doctor for performing a surgery that he did not authorize. Jennifer L. Black (author) from Normal, Il on March 21, 2014: Thank you. In Psychology some of the most contested issues are ethical issues. To allow the judicial equivalent of returning to the dark ages before treatment because the ethical questions are not adequately resolved would be a disservice to society. And — the dream is — the communities served by such a justice system will save money, be safer and the populace will be more productive. The next question is what are the ethical responsibilities of the forensic psychologist and the lawyers when a system has inadequate assessment, diagnostic and treatment resources for mental health and addictions? Is the treatment evidence-based and delivered with fidelity to the model that was evaluated. Using the guidelines as a framework to discuss some of the ethical issues presented by expert psychological testimony, AP-LS could provide a model for other forensic disciplines to advance and strengthen forensic science and protect the rule of law. Steps should be taken to address these types of situations directly with the client before contacting a debt collection service. Possessing general training in the field of psychology does not mean that a therapist is qualified in every situation that could arise. 750 First St. NE, Washington, DC 20002-4242, Telephone: (202) 336-5500. The basis of informed consent lays in whether or not the patient is of sound mind. Ethical Issues in Assessments with Infants and Children Margarita M. Posada Fordham University When conducting assessments with infants and children it important for psychologists to be mind-ful of the ethical issues that may arise. However, only about 2.5 million people received the specialized treatment they needed in the previous 12 months. This case focused more on the acceptable reasons to disclose confidential information and eventually led to laws that allowed notifying intended victims of a threat. It is designed to protect information that identifies a specific individual. Ethical responsibilities of the courts are beyond the scope of this column, but AP-LS might be the appropriate body to undertake a cross disciplinary examination of the practice of blanket orders to treatment. It is to the guidelines that one must look for the ethical guidance for the individual psychologist. Running Head: LEGAL AND ETHICAL ISSUES IN PSYCHOLOGY Legal and Ethical Issues in Many issues in psychology involve both legal and ethical considerations and lawsuits were instrumental in the development of regulations pertaining to informed consent and confidentiality. In his “Research Update on Family Drug Courts,” Marlowe reports a number of studies that highlight the need for quickly available and accessible treatment in these courts. The extent of the coverage of courts using a treatment model varies wildly from state to state. If a patient is deemed competent and refuses treatment and consequently dies the death would not be designated as a suicide, but rather natural progression of the underlying condition. Ethical challenges for psychology in the justice system . Some states have fewer than ten courts. Is any order for needed treatment or care that does not adequately address the person's needs and help that person correct a deficit an ethical order? Psychologists are required to maintain their professional competence, not only by staying up-to-date on changes in the field of psychology but by maintaining awareness of any revisions to laws or regulations that could affect them and their practice. Ethics refers to the correct rules of conduct necessary when carrying out research. However important the issue under investigation psychologists need to remember that they have a duty to respect the rights and dignity of research participants. Retrieved from http://www.asppb.net/i4a/pages/index.cfm?pageid=3343, Epstein, R.M., and Hundert, E. M. (2004). The use of expert psychological testimony in both state and federal courts has the potential to advance the public confidence in the justice system as being safer, fairer and more humane. According to the American Academy of Physician Assistants (2010) being competent only indicates that he or she meet the minimum requirements to perform at an acceptable level. Some may not be interested in addressing the larger systemic ethical questions or decide that those concerns should be someone else's responsibility. There are many laws in place addressing these issues as well as guidelines developed through different organizations. The digital delivery of psychological services introduces a host of ethical, legal, and regulatory issues that practitioners must be familiar with if they intend to use telehealth technology to provide services remotely. This is one of the most important issues in psychological research. The education and outreach about psychological services, forensic or otherwise is not an explicit topic in the guidelines. 41 for permission to reproduce any of this web content. TDD/TTY: (202) 336-6123. In contrast, Michigan has 164 problem-solving and other non-traditional courts that help specific offenders get needed treatment under strictly supervised conditions with frequent drug tests and judicial status hearings. 5). When I first stated studying psychology I thought I had a pretty good grasp on what it entailed. Medical Decision Making: Informed Consent in Pediatrics and, Pediatric Research. American Academy of Physicians Assistants. 1. Testing and assessments conducted by someone not adequately trained could lead to improper diagnoses and be cause for legal action. Is the treatment plan you recommend to the court the most appropriate one in meeting the treatment needs of the patient or are you recommending it because the patient needs “something” and your recommendation is what is available? Many courts avoid the dilemma presented by lack of qualified experts for the expert testimony by issuing an order that the person shall follow any and all treatment recommendations from the court's preferred provider. The United States Department of Health and Human Services (2012) developed The Standards for Privacy of Individually Identifiable Health Information, also known as the Privacy Rule, which initiated national standards designed to protect confidential health information. Interestingly, couple and family therapy is quite commonly practised by therapists with little or no specific training. Of those, about one-third of adults (33.2%) did not seek professional help during the previous 12 months. With a relatively narrow margin for error, it is incumbent upon JDTC practitioners to ‘get it right' by honing their skills and targeting their interventions most effectively from the outset…. View Essay - Legal and Ethical Issues in psychology.edited.docx from HEALTH CAR 201 at University of Texas. Information from ASPPB to Licensure Applicants and Students. While it was determined that therapy provided by a social worker was covered under confidentiality laws, the social worker was found to have given out more information than was required because she gave out additional information when it was requested. That trust allows the therapist to build a relationship with the client where in the client is comfortable enough to share intimate details about his or her life with the therapist so he or she can attempt to resolve any issues. In Tarasoff v. Regents of University of California (1976) confidentiality was also addressed, but from a different angle. The doctor would not be held liable or charged with assisted suicide in this type of situation as long as he or she fully complied with the informed consent process (Sabatino, 2012). Retrieved from http://www.ncbi.nlm.nih.gov/pmc/articles/PMC1769526/pdf/bumc0020-0013.pdf. Most patients want more from a psychologist than minimally acceptable performance when seeking help. Standard nine of the APA’s Code of Conduct (2010) addresses issues related to assessments. For instance, data from SAMHSA's National Survey on Drug Use and Health (NSDUH) — 2014 show that in 2014, 15.7 million adults reported having a major depressive episode (MDE) in the past 12 months. Bill Holland from Olympia, WA on March 21, 2014: Well-organized; well-written; not an easy thing to do about a difficult and complex subject. Anticipation of ethical pitfalls and consultation with colleagues are key to preventing practitioners' most common ethical dilemmas, noted speakers from APA's Ethics Committee and Committee on Legal Issues (COLI) at APA's 2003 Annual Convention. According to them “Professional competence is the habitual and judicious use of communication, knowledge, technical skills, clinical reasoning, emotions, values, and reflection in daily practice for the benefit of the individual and community being served” (pg. Retrieved from http://www.apa.org/ethics/code/principles.pdf, Association of State and Provincial Psychology Boards. Is it ethical for forensic psychologists to recommend makeshift and inadequate treatment solutions when informing the courts on addictions or mental health needs? Significantly better outcomes have been achieved. It also explores practice competencies and reflective practice while following ethical principles as well as the requirements of law and regulation. For instance, the Association of State and Provincial Psychology Boards (ASPPB) are licensing boards for the United States and Canada. There are many resources available outlining legal and ethical guidelines to follow in certain situations, but they may not cover every possibility. A larger systemic question is why should someone have to go to jail and court to get treatment for a health condition? Those include Jaffee v. Redmond Supreme Court ruling (1996) and Tarasoff v. Regents of University of California (1976). Legal and Ethical Issues in Abnormal Psychology Abnormal psychology deals with the study of mental and emotional disorders and the root causes of such behaviors. Chapter 10 discusses the ethics codes that school psychologists are expected to follow irrespective of their level of educational attainment. Ethical Issues in Psychology Psychologists often work with vulnerable individuals in sensitive situations. The guidelines, Section 2. The various versions of justice reinvestment, specialty courts, treatment courts and family treatment courts should increase the demand and number of venues for experts who can provide forensic psychological testimony and services. Another example is the American Board of Professional Psychology (ABPP) that was formed in 1947. For example, looking to research by Worcel, Marlowe reports that “participants who met more frequently with their counselors (typically weekly for at least the first phase of the program) remained in treatment significantly longer and were more likely to complete treatment. Defining and Assessing Professional Competence. Google Scholar | Crossref. Do you have the experience and training needed to conduct valid forensic assessments in the justice system in order to recommend treatment plans to the courts? There are many legal issues that could arise in the process of informed consent and informed refusal. Ethical issues in pharmacology-By Timothy Lyons. Researchers Must Maintain Participant Confidentiality. Critical steps are screening, assessment, treatment, aftercare and monitoring. While laws may differ from state to state, ethical considerations … From starting the first court alcohol treatment program to be certified by the Indiana Division of Addiction Services through the last 40 years, this writer has worked to advance the relationship between treatment providers and the courts. Ethical principles for psychologists and code of conduct. He argues that pharmaceutical companies have an obligation to report all of the data in a truthful way so that patients can make properly informed decisions (McHenry, 2006). 41: American Psychology-Law Society. While laws may differ from state to state, ethical considerations are more consistent throughout the profession. As a starting point, my recent book — “Science, Ethics, and Justice” — asks many questions about how science might ethically inform law and policy. In that case the therapist was a social worker who disclosed confidential information when requested by the court. Indeed, the very first responsibility for the forensic psychologists is on point to the ethical questions confronting both the justice system and the professional. If the doctor determines that the patient is not capable of making an informed decision about his or her treatment, whoever is authorized to make medical decisions will be responsible to do so (Sabatino, 2012). Deciding to seek therapy is not something one does without considering other options as it is not always an easy decision to make. Of course, they exist in all forms of counseling, from short … In some cases the patient’s refusal of treatment could harm others, for instance, if he or she had a communicable disease. According to the APA (2010) psychologists “provide services, teach and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training, supervised experience, consultation, study or professional experience” (pg. Maintaining confidentiality is very important in any occupation related to the medical profession. Forensic practitioners strive for accuracy, honesty and truthfulness in the science, teaching and practice of forensic psychology and they strive to resist partisan pressures to provide services in any ways that might tend to be misleading or inaccurate. Pope, K. S., & Vasquez, M. J. T. (2011). If we really believe that treatment can work, why not front load the mental health and addictions treatment systems with outreach to the individuals and families so they can obtain accessible, appropriate and affordable treatment before lives are shattered by criminal records and misguided court orders. A: Confidentiality is the ethical, and in most states, the legal duty of psychologists to not disclose information about a client (see APA, 2002, Standards 4.01, 4.02). This case led to extending the privilege information rule to clinical notes taken during therapy. Reasonable explanations could include the purpose of t… Dr Leemon McHenry examines ethical issues in pharmacology. The questions for the forensic psychologists individually are: This column suggests that unless the ethical questions are faced and dealt with in a straightforward fashion, there are risks of returning to the dark ages of incarceration without diagnosis and treatment. The challenges a psychologist faces concerning confidentiality can involve both legal and ethical concerns. Using the guidelines as a framework to discuss some of the ethical issues presented by expert psychological testimony, AP-LS could provide a model for other forensic disciplines to advance and strengthen forensic science and protect the rule of law. Are the professionals provided adequate private office space and other resources to conduct the screening, assessments and treatment with competence and confidentiality? 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