Resolving Ethical Issues
Resolving Ethical Issues
Resolving Ethical Issues
CHAPTER OUTLINE
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Issues of Concern
It is not every day that psychologists enter into contractual agreements with private organizations for purposes of
research. Though one would expect the university to have
sufficient experience in forming and reviewing contracts,
it can occur that some problems with the contracts may
emerge later in collaboration with a contractual partner.
The advertisement released by the tai chi school clearly
misrepresents Dr. Smiths work since tai chi cannot cure
anxiety or panic. However, tai chi could probably help
some individuals to reduce their anxiety. Standard 1.01
directs that Dr. Smith needs to take reasonable steps,
which means Dr. Smith needs to take some sort of action.
Areas of consideration may include the following questions: (1) Does Dr. Smith have the authority to change
the advertisement? (2) What constitutes reasonable steps?
For instance, would conducting a conversation with the
tai chi school regarding the advertisement be sufficient to
discharge the duty established by Standard 1.01?
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Legal Issues
Texas
22 Tex. Admin. Code 465.14(b) (2010). Misuse of licensees
services.
If licensees become aware of misuse or misrepresentation
of their services..., they take reasonable steps to correct
or minimize the misuse or misrepresentation.
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E T H I C S F O R P S Y C H O LOG I S T S
Pennsylvania
49 Pa. Code 41.61 (2010). Code of ethics.
Principle 4 (a), Public Statements. Public statements,
announcements of services, and promotional activities
of psychologists serve the purpose of providing sufficient information to aid the consumer public in making
informed judgments and choices... In public statements
providing psychological information or professional
opinions or providing information about the availability
of psychological products, publications and services, psychologists base their statements on scientifically acceptable psychological findings and techniques with full
recognition of the limits and uncertainties of the evidence.
Cultural Considerations
Global Discussion
Singapore Psychological Society:
Code of Professional Ethics
Principle 4: Misrepresentation
Psychologists do not...permit their names to be used in
connection with, any services or products in such a way
as to misrepresent them, the degree of their responsibility
or the nature of their affiliation.
3. Should both the tai chi school and you be very much
rooted in the American culture, you would ask the
school to replace the advertisement. The new ad
should reflect accurate information in a manner
that documents how your peers have engaged in this
process so that their work is never misrepresented.
4. Should both the tai chi school and you be very much
rooted in the American culture, you would personally
deliver to each new student of the school adequate
disclosure about the current state of the research
findings regarding the health benefits of tai chi and
your scientific findings about the health benefits.
5. Should both the tai chi school and you be very much
rooted in the American culture, you would make an
offer to reimburse fees if the student decides not to
continue with the school.
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Issues of Concern
Laws that mandate or permit psychologists to
make known either to the intended victim and/or to
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E T H I C S F O R P S Y C H O LOG I S T S
Legal Issues
Georgia
Ga. Code Ann. 43-39-16 (2008).
Client communications with psychologists are placed
upon the same basis as those provided by law between
attorney and client. Georgia attorneys must maintain
confidences and preserve secrets of their clients (Ga. Code.
Ann. 15-19-4(3) [2008]). Communications between
attorneys and clients are not admissible in court
(Ga. Code. Ann. 24-9-21 [2008]).
In light of this foundation, clients have extensive confidentiality protections. The Georgia courts have adopted
psychologist must seek some sort of resolution that satisfies the dictates of her own conscience, the knowledge of
involved parties, and the Psychological Society of Spain.
Article 65 also seems to suggest that whatever decision
the psychologist comes to, she will need to communicate
that resolution to Spains Ethics Committee itself.
1. Psychologists give the promise of confidentiality implicitly by holding the information divulged in treatment
sessions private, and they explicitly delineate the limits
of confidentiality at the onset of treatment. What is
the value of the confidentiality between Dr. Johnson
and Linda compared to the threat of violence between
Michael and Robert? Part of Dr. Johnsons thinking may
be shaped by a judgment about guns as instruments of
violence. The level of violence inherent in the possession
of a gun is much greater than if Michael had obtained
a Swiss Army knife and made the same threats, for
example. The lethal power of guns can give Dr. Johnson
more urgency to prevent Michael from committing an
act of violence.
New Jersey
N.J. Stat. Ann. 2A:62A-16 (West 2000).
A duty is imposed to warn or protect when a client communicates a threat of imminent, serious physical violence against a readily identifiable individual or against
himself and the circumstances are such that a reasonable
professional...would believe the client intended to carry
out the threat. The mental health professional discharges
the duty by arranging for the client to be voluntarily
hospitalized, initiating procedures for involuntary commitment, notifying law enforcement of the clients threat and
the victims identity, warning the intended victim, warning
the victims parent or guardian if the victim is under 18, or
warning the clients parent or guardian if the client is under
18 and threatening suicide or bodily injury. The duty is
discharged if the psychologist takes any one of these actions,
and the psychologist may also take more than one action.
Cultural Considerations
Global Discussion
Code of Ethics for the Psychologist: Spain
Article 65. Should a psychologist find that adverse or
incompatible rules, whether in law or contained in this
Code of Ethics, come into conflict in a specific case, he/she
must resolve it according to his or her conscience, informing to the different parties involved and the Colleges
Deontological Committee.
When an ethical obligation to keep client confidentiality conflicts with a duty to protect, the Spanish
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E T H I C S F O R P S Y C H O LOG I S T S
confidentiality as a clinical standard of practice.
Would that knowledge have changed her decision in
revealing that Michaels seeing Dr. Williams? Would
it change how she felt about Dr. Johnson acting
on her tip? Before acting on Lindas information,
Dr. Johnson may want Linda to know the implications of clienttherapist confidentiality so that Linda
could reconsider the implications of what she has
shared and what she wants to happen on that basis.
Issues of Concern
Employees have a duty to uphold the policy and
procedures of the employing organization. At the same
time, psychologists are bound to maintain confidentiality of their clients. William would most likely feel
caught between not wanting to lose Barbaras trust and
damage the therapeutic relationship, the wish to protect
her from the high probability of physical assault if he
identifies her, and the personal wish to maintain his
good standing in the internship.
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E T H I C S F O R P S Y C H O LOG I S T S
Florida
Fla. Admin. Code Ann. r. 64B19-19.006 (2010).
Confidentiality.
...Licensed psychologists in...subacute...settings
should inform service users when information given
to the psychologist may be available to others without
the service users written consent. Similar limitations
on confidentiality may present themselves...in each
similar circumstance, the licensed psychologist must
obtain a written statement from the service user which
acknowledges the psychologists advice in those regards.
This rule is particularly applicable to supervisory situations wherein the supervised individual will be sharing
confidential information with the supervising psychologist. In that situation, it is incumbent upon the licensed
psychologist to secure the written acknowledgement of
the service user regarding that breach of confidentiality.
Legal Issues
Virginia
18 Va. Admin. Code 125-20-150(B) (2010).
...(5) Avoid harming patients...for whom they provide
professional services and minimize harm when it is foreseeable and unavoidable.
Cultural Considerations
Global Discussion
Singapore Psychological Society:
Code of Professional Ethics
Principle 7: Client welfare.
...The psychologist in...situations in which conflicts of
interest may arise among various parties, as...between
the client and employer of the psychologist, defines ...the
nature and direction of his or her loyalties, and responsibilities and keeps all parties concerned informed of these
commitments.
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2. Individuals who find themselves in a highly structured environment with no realistic option for exit,
such as a prison, hold a much smaller degree of
freedom to form other relationships. Given Barbaras
confinement, William might weigh his involvement
with Barbara more seriously than if Barbara had the
ability to seek out another psychologist for treatment.
What will be the impact on Barbara of a ruined relationship with William?
Standard 1.03 directs William to do something consistent with the ethics code. If you were William, what
might you do?
4. Return to Barbara and explain that before any promises were made to keep the dog abuse confidential, he
should have stopped her and reviewed the confidentiality policies of the prison with her, then proceed
to reveal the identities of all parties involved.
7. Ask Barbara to meet with the supervisor to determine some method by which to protect her identity
while protecting the dog, and preventing the dogs
abuser from having unfettered access to other dogs.
If Barbara refuses, you would refuse to reveal the
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E T H I C S F O R P S Y C H O LOG I S T S
identity of the client to your supervisor on the
grounds of confidentiality.
Dr. Brown are office mates but see each other very sporadically since they do not have overlapping office days.
Mary reported that her daughter is in treatment for
depression. In session, Mary talked about planning for a
vacation to Las Vegas with her husband during the time
her daughter Patricia was on a European vacation trip
with Dr. Brown. It appears that Dr. Brown had offered
to pay all expenses for Patricia to join him and his wife
for this trip to Europe. Dr. Brown told Mary that this trip
would build Patricias self-esteem by allowing Patricia
to give comfort to Mrs. Brown, who has been depressed
since the couples youngest child left home for college.
Issues of Concern
At face value, taking a 16-year-old patient on a
European vacation is incongruent with standard practice for outpatient treatment of depression. However,
Patricia is not Dr. Joness patient, thus cannot make
known her opinion regarding the European vacation.
Unless Mary gives consent for Dr. Jones to discuss
any aspect of the European vacation with Patricia, it is
unclear whether Dr. Jones may do so without violation
of Standard 4.01: Confidentiality. A question to consider
in this situation is this: Does conversing with an office
mate constitute violation of confidentiality rights of
the client?
In general, psychologists are aware of our professional standing in society. Specifically, psychologists are
aware of our own professional standing in the community within which we practice. In light of Principle B,
Dr. Joness professional association with Dr. Brown
makes Dr. Browns conduct of concern to Dr. Jones.
Legal Issues
Massachusetts
251 Mass. Code Regs. 1.10 (2010). Ethical standards and
professional conduct.
(1) The Board adopts as its standard of conduct the
Ethical Principles of Psychologists and Code of Conduct
of the American Psychological Association.
Mass. Ann. Laws ch. 112, 129A (LexisNexis 2003).
All communications between a licensed psychologist
and the individuals with whom the psychologist engages
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Ohio
Ohio Admin. Code 4732:17-01 (2010).
(C) Welfare of the Client:
(4) Dependency.
Due to inherently influential position, a psychologist
...shall not exploit the trust or dependency of any client
...with whom there is a professional psychological
role...
(G) Confidentiality.
(1) Confidential information is information revealed
by an individual...obtained as a result of the professional relationship between the individual(s) and the
psychologist...Such information is not to be disclosed
by the psychologist...without the informed consent of
the individual(s).
(a) When...interacting with other appropriate professionals concerning the welfare of a client, a psychologist
...may share confidential information about the client
provided that reasonable steps are taken to ensure that all
persons receiving the information are informed about the
confidential nature of the information being shared and
agree to abide by the rules of confidentiality.
(J) (4) Reporting of Violations to Board.
A psychologist...who has substantial reason to believe
that another licensee...has committed an apparent violation of the statutes or rules of the board that...is likely
to substantially harm a person...when the information
regarding such violation is obtained in a professional
relationship with a client, the psychologist...shall report
it only with the written permission of the client...
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E T H I C S F O R P S Y C H O LOG I S T S
Cultural Considerations
Global Discussion
Canadian Code of Ethics
Responsibility of the individual psychologist.
The disciplines contract with society commits the discipline and its members to act as a moral community...
(1) To bring concerns about possible unethical actions
by a psychologist directly to the psychologist when the
action appears to be primarily a lack of sensitivity, knowledge, or experience, and attempt to reach an agreement
on the issue and, if needed, on the appropriate action to
be taken.
1. Discuss the situation with Dr. Brown by first inquiring as to why Dr. Brown thinks taking Patricia on his
family vacation is a good idea.
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Issues of Concern
Dr. Jones now has an after-the-fact situation
that is not amenable to informal resolution under
Standard 1.04. Is there sufficient concern about
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E T H I C S F O R P S Y C H O LOG I S T S
resolve the issue by bringing it to the attention of that individual, if an informal resolution appears appropriate and
the intervention does not violate any confidentiality rights
that may be involved.
In general, psychologists are aware of our professional standing in society. Specifically, psychologists
are aware of our own professional standing in the
community within which we practice. Even with the
passage of time and unfolding of events, Principle B
still holds. Dr. Joness professional association with
Dr. Brown makes Dr. Browns conduct of concern to
Dr. Jones.
Legal Issues
Texas
22 Tex. Admin. Code 465.1 (2010). Definitions.
...(2) Dual Relationship means a situation where
a licensee and another individual have both a professional relationship and a non-professional relationship.
Dual relationships include...personal friendships,...
family...ties, ...
22 Tex. Admin. Code 465.13 (2010). Personal problems,
conflicts and dual relationships.
...(b) Dual relationships.
(1) A licensee must refrain from entering into a dual relationship with a client...if such a relationship presents a
risk that the dual relationship could...exploit or otherwise
cause harm to the other party.
...(6) A licensee in a potentially harmful dual or multiple
relationship must cease to provide psychological services
to the other party, regardless of the wishes of that party.
Washington
Wash. Admin. Code 246-924-357 (2009). Multiple
relationships.
The psychologist shall not undertake or continue a
professional relationship with a client...because of
the psychologists present...social,...emotional,...
with the client...When such relationship impairs objectivity, the psychologist shall terminate the professional
relationship with adequate notice and in an appropriate
manner; and shall assist the client in obtaining services
from another professional.
Wash. Rev. Code Ann. 18.130.180 (West 2010). Unprofessional conduct.
The following conduct...constitute[s] unprofessional
conduct for any license holder under the jurisdiction of
this chapter:
2. Dr. Jones may have a less sympathetic moral assessment of Marys complaint, since Mary seemingly
placed greater value on helping her marriage with
the Las Vegas trip than on protecting Patricia from
a possibly harmful situation with her therapist. Is it
self-serving for Mary to complain only after Patricias
defiance made life more difficult for her (as opposed
to Patricia and the other people in Patricias life)?
Cultural Considerations
Global Discussion
Canadian Code of Ethics
Responsibility of the individual psychologist.
The disciplines contract with society commits the discipline and its members to act as a moral community...
...(2) To bring concerns about possible unethical
actions of a more serious nature (e.g., actions that have
caused...serious harm, or actions that are considered
misconduct in the jurisdiction) to the...body(ies) best
suited to investigating the situation and to stopping or
offsetting the harm.
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E T H I C S F O R P S Y C H O LOG I S T S
Given that action appropriate to the situation is necessary, what would you do?
1. Decide that doing nothing may be most appropriate to the situation since Patricia is not your client.
Issues of Concern
What constitutes failure to cooperate? Could
Dr. Miller say, I have a client appointment scheduled now
and would you please come back later? without being
additionally accused of being uncooperative. Alternatively,
could Dr. Miller say, May I see proof of your credentials
and I want to contact my attorney for advice? without
being additionally accused of being uncooperative?
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In the interest of cooperating with other institutions, this aspiring principle does guide Dr. Miller to at
least have a dialogue with David.
Ohio
Ohio Admin. Code 4732:17-03 (2010). Bases and procedures for disciplinary actions.
Psychologists have a primary obligation and take reasonable precautions to protect confidential information ...,
recognizing that the extent and limits of confidentiality
may be regulated by law or established by institutional
rules ...
Cultural Considerations
Legal Issues
Global Discussion
California
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E T H I C S F O R P S Y C H O LOG I S T S
that day and turn over records at the start of the next
day? Could the psychologist delay a records request
until after having seen both his/her attorney and the
credentials of the investigator? Would the psychologists
willingness to comply with an investigation be altered by
whether a claim or complaint was knowingly fraudulent
or malicious?
3. Direct your office staff to contact the state department of licensing to verify Davids identity, and proceed with your next clinic appointment while office
staff is making contact with the state department.
Issues of Concern
What is the line between the private and professional life for a psychologist? Did Dr. Wilson encourage the receptionist to file a frivolous complaint
against Dr. Davis to the state psychology board?
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Legal Issues
Georgia
Ga. Comp. R. & Regs. 510-5-.10 (2010). Aiding illegal practice.
...(3) Psychologists do not...encourage the filing of complaints that are frivolous or maliciously intended.
New York
N.Y. Comp. Codes R. & Regs. tit. 8, 29.1 (2010). General
provisions.
(a) Unprofessional conduct shall be the conduct prohibited by this section...
(b)(6) willfully making or filing a false report...or
inducing another person to do so...
Dr. Wilsons conduct could be considered as unprofessional in Georgia and New York as the licensing laws
in both jurisdictions focus on the regulation of client/
psychologist relations. In light of the circumstances of
the complaint, by inducing his secretary to file a complaint with the licensing board both jurisdictions are
likely to find the complaint frivolous, malicious, or false.
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E T H I C S F O R P S Y C H O LOG I S T S
Cultural Considerations
3. What are the moral dimensions to Dr. Wilsons relationship with his receptionist? Does Dr. Wilson need
to accommodate Dr. Daviss visits more readily in
order that the receptionist does not become involved
in the conflict? Can the receptionist be expected to
fulfill her normal role if put in a position between
Dr. Wilson and Dr. Daviss fighting? Needless to say,
the receptionists workload will increase as well with
the burden of filing all the complaints Dr. Wilson has
requested. Is that a justified increase?
Global Discussion
The Professional Board for Psychology Health
Professions Council of South Africa:
Ethical Code of Professional Conduct (April 2002)
11. Resolving ethical issues.
Psychologists shall adopt an ethical attitude at all times
in the conduct of their professional lives.
11.6. Improper complaints.
Psychologists shall not file or encourage the filing of ethics
complaints that are frivolous and are intended to harm the
respondent rather than to protect the public.
If Dr. Davis was practicing in South Africa, her conduct would not be considered a violation of the ethics
code as her behavior came in context of her personal,
not her professional life. Dr. Wilsons behavior, however,
can be considered unethical according to South Africas
ethical code due to his involvement of his employee in his
own personal life.
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Issues of Concern
Recusing herself from chairing the hiring committee
would not only undermine the university hiring but it
could possibly bring unfair speculation about the professional standing of all three candidates. Recusing herself
while identifying Dr. Taylor as the candidate with whom
Dr. Moore has the conflict of interest would unfairly
identify Dr. Taylor. Remaining on the committee and not
voting for Dr. Taylor would unfairly discriminate against
Dr. Taylor when no finding on the ethics complaint has
been made. Remaining on the committee and disclosing
the fact that an ethics complaint has been filed against
Dr. Taylor might bias the committee. Remaining on the
committee and reading the full disciplinary investigation file against Dr. Taylor to gain sufficient information
to make an informed decision regarding a course of
action would bias Dr. Moore. If Dr. Moore decided that
the investigation did not hold enough evidence to support the complaint, thus moving ahead with the hiring
process without revealing her own additional knowledge
becomes one form of bias. Conversely, if Dr. Moore
decided against Dr. Taylor, Dr. Moore could be accused
of acting on bias against Dr. Taylor.
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E T H I C S F O R P S Y C H O LOG I S T S
Cultural Considerations
Global Discussion
Legal Issues
Arizona
Ariz. Admin. Code R4-26-301 (2008). Rules of professional conduct.
A psychologist shall practice psychology in accordance
with the ethical standards contained in standards 1.01
through 10.10 of the Ethical Principles of Psychologists
and Code of Conduct adopted by the APA effective
June 1, 2003, the provisions of which are incorporated
by reference.
1. Dr. Moore must weigh the importance of the complaint against her need to be an unbiased contributor
to the search committee. Will her work on the committee be jeopardized if she makes the complaint
known or even if she reads the complaint privately?
What value does an objective faculty search have
for Dr. Moore compared to the prospect of hiring
a person who could have been guilty of clinical
malpractice?
3. Dr. Moore may also have to consider the different virtues that are called for in clinical practice versus university teaching and research. Is
Dr. Taylors clinical work necessarily relevant to her
Missouri
Mo. Code Regs. Ann. tit. 20, 2235-5.030 (2010). Ethical
rules of conduct.
(2) Definitions.
(A) Clientmeans a receiver of psychological services...when the objectivity or competency of the
psychologist is...impaired because of the psychologists
present...administrative or...relationship with the
client...If a dual relationship...is discovered after the
professional relationship has been initiated, the psychologist shall terminate the professional relationship in an
appropriate manner...
...(6) Multiple relationships.
...(B) Multiple Relationship Affecting Psychologists
Judgment. The psychologist shall not undertake or continue a professional relationship with a client...
In Arizona, Dr. Moore would follow the directives of Standard 1.08. If Dr. Moore was working in
Missouriand we presume the client in this case is
4. What value does Dr. Moore place on her own work and
career in relation to the problem? Should Dr. Moore
avoid even the possibility of impropriety in either of
her two roles, even though it would jeopardize that
particular faculty search? How does her decision
contribute to the work of the respective institutions
involved? Will licensing boards and university administrators overreact in trying to avoid future conflicts
of interests for clinical psychologists?
3. Assume a managerial role only as chair of the committee in directing the committees business without
venturing any personal opinions about the three
candidates. In this way, the knowledge of the ethics
complaint does not inadvertently affect your behavior
and meets Standard 1.08.
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