Pro Bono Services
Where It Appears
* The term “pro bono” does not appear in the Ethics Code.
* The concept is addressed in General Principle B: Fidelity and Responsibility (aspirational).
General Principle B States
Psychologists “strive to contribute a portion of their professional time for little or no compensation or personal advantage.”
* This reflects an aspirational ideal, not a requirement.
Implication for Ethics
* Because it appears in the General Principles, not the Ethical Standards:
* Pro bono work is encouraged,
* but not required for ethical compliance.
EPPP Cue
* Aspirational = recommended, not mandatory.
Multiple Relationships
Definition
* A multiple relationship occurs when a psychologist has a professional role with a person and simultaneously:
* Has another role with the same person,
* Has a relationship with someone closely associated with that person, or
* Promises to enter another relationship in the future.
Core Rule (Standard 3.05)
* A psychologist must refrain from entering a multiple relationship if it could reasonably be expected to:
* Impair objectivity,
* Impair competence,
* Impair effectiveness, or
* Create a risk of exploitation or harm to the person with whom the professional relationship exists.
EPPP Cue
* Not all multiple relationships are prohibited — only those that pose risk of impairment or harm.
Clients Receiving Services From Another Professional
APA Ethics Code — Standard 10.04 (Providing Services to Clients Receiving Treatment Elsewhere)
Core Requirement
* When a potential client is already receiving mental health services from another provider, psychologists must:
* Carefully consider treatment issues,
* Prioritize the client’s/patient’s welfare,
* Discuss these issues openly with the client/patient,
* Proceed with caution before initiating services.
Ethical Rationale
* The goal is to avoid:
* Confusion or conflicting treatment plans,
* Undermining the existing therapeutic relationship,
* Harm or reduced continuity of care.
EPPP Cue
* Not a prohibition — it’s a caution standard emphasizing welfare, coordination, and informed discussion.
Interruption and Termination of Therapy
PA Ethics Code — Standard 10.10 (Termination of Therapy)
Core Requirement
* Psychologists must terminate therapy when it becomes reasonably clear that the client/patient:
* No longer needs the service,
* Is not likely to benefit, or
* Is being harmed by continued service.
Obligations During Termination
* When ending therapy under typical circumstances, psychologists must:
* Provide pretermination counseling, and
* Suggest alternative service providers as appropriate.
Exception — Standard 10.10(b)
* Pretermination counseling and referral are not required when therapy is terminated because:
* The client, or
* Someone the client is closely associated with,
poses a threat to the psychologist.
EPPP Cue
* Termination is usually planned and supportive — except when safety overrides the usual obligations.
Fact Versus Expert Witness
Fact Witness
Testifies only about what they have personally seen, heard, or observed.
Cannot:
- Offer opinions,
- Address matters beyond personal knowledge,
- Respond to hypothetical situations.
Role is strictly descriptive, not interpretive.
Expert Witness
Qualified by the court based on education, training, or specialized experience.
May:
- Offer opinions,
- Draw conclusions beyond lay understanding,
- Respond to hypothetical scenarios.
Role is interpretive, applying expertise to facts.
EPPP Cue
In-Person Solicitation
APA Ethics Code — Standard 5.06 (In‑Person Solicitation)
Core Prohibition
Rationale
* Protects individuals from coercion, pressure, or exploitation.
* Ensures that therapeutic relationships begin voluntarily and without manipulation.
Two Exceptions
Psychologists may initiate in‑person contact when:
1. Collateral contacts are needed to benefit an already engaged therapy client/patient.
2. They are providing disaster or community outreach services.
EPPP Cue
* General rule: no uninvited in‑person solicitation.
Exceptions: collateral contacts + disaster/community outreach.
Animals In Research
APA Ethics Code — Standard 8.09 (Humane Care and Use of Animals in Research)
Core Requirements
Psychologists must acquire, care for, use, and dispose of animals in ways that comply with:
* Federal, state, and local laws and regulations, and
* Professional standards governing animal research.
Minimizing Harm
Psychologists must make reasonable efforts to reduce:
* Discomfort,
* Infection,
* Illness, and
* Pain experienced by animal subjects.
When Euthanasia Is Necessary
If an animal’s life must be terminated, psychologists must:
* Act rapidly,
* Minimize pain, and
* Follow accepted procedures for humane euthanasia.
EPPP Cue
* Standard 8.09 = legal compliance + humane care + rapid, low‑pain euthanasia when appropriate.
Competence
APA Ethics Code — Standard 2.01 (Boundaries of Competence)
Core Requirement
Psychologists must provide services, teach, and conduct research only within the boundaries of their competence, which are determined by:
* Education,
* Training,
* Supervised experience,
* Consultation,
* Study, or
* Professional experience.
Ethical Rationale
* Ensures client welfare,
* Protects the public from harm,
* Maintains professional integrity and standards.
EPPP Cue
* Competence = scope defined by training + experience.
No practice outside one’s established preparation.
Malpractice
Elements of Malpractice (Professional Negligence)
For a client or other person to establish a malpractice claim, all four conditions must be met:
1 - Duty of Care
* A professional relationship existed, creating a legal duty for the psychologist to provide competent care.
2 - Breach of Standard of Care
* The psychologist failed to meet the accepted professional standard (i.e., acted below what a reasonably competent psychologist would do).
3 - Harm or Injury
* The client (or other person) experienced actual harm, injury, or damages.
4 - Proximate Cause
* The harm was directly caused by the psychologist’s breach of duty — not by unrelated factors.
EPPP Cue
Guidelines For Child Custody Evaluations In Family Law Proceedings
Purpose of the Guidelines
* Designed “to promote proficiency” in conducting child custody evaluations.
* Provide aspirational (not mandatory) guidance to:
- Support the systematic development of the profession, and
- Facilitate a high level of practice among psychologists.
Primary Goal of a Custody Evaluation
* To determine the “psychological best interests” of the child.
Paramount Consideration
* The child’s welfare is always the highest priority in all evaluation decisions and recommendations.
EPPP Cue
(Extensions of Competence)
APA Ethics Code — Standard 2.01(b–f)
Wild Card
2.01(b) — Emerging Areas
When services involve new or emerging areas where standards are not yet established:
* Psychologists must obtain the training, experience, consultation, or supervision necessary to ensure competent service delivery.
2.01(c) — Cultural, Linguistic, and Population Competence
When working with populations or groups for which the psychologist has insufficient training (e.g., cultural, linguistic, or demographic differences):
* Psychologists must seek appropriate training, consultation, or supervision to ensure competent practice.
2.01(d) — Emergency Services
In emergencies, psychologists may provide services outside their usual boundaries of competence when:
* No other qualified provider is available, and
* Services are limited to the duration of the emergency.
* They must make reasonable efforts to obtain competence as soon as possible.
2.01(e) — Delegation and Supervision
When delegating work to others (e.g., trainees, assistants), psychologists must:
* Ensure the supervisee has appropriate competence,
* Provide adequate supervision, and
* Take steps to protect clients/patients from harm.
2.01(f) — Maintaining Competence
Psychologists must engage in ongoing education, training, and professional development to maintain competence over time.
EPPP Cue
What Child Custody Evaluations Are Not
Wild Card
Not Therapy
* Custody evaluations are not a form of psychotherapy.
* The evaluator does not provide treatment, build a therapeutic alliance, or prioritize the parent’s emotional needs.
Not Advocacy
* The evaluator does not advocate for either parent.
* The role is neutral, objective, and focused solely on the child’s best psychological interests.
Not a Forensic Investigation of Misconduct
* Evaluators do not act as detectives or investigators.
* They assess functioning and family dynamics, not criminal guilt or innocence.
Not a Parenting Coordinator or Mediator Role
* Evaluators do not mediate disputes or help parents negotiate agreements.
* Their task is assessment, not conflict resolution.
Not a Decision‑Maker
* Evaluators do not make custody decisions.
* They provide recommendations; the court makes the final determination.
EPPP Cue
* Custody evaluation = assessment + best‑interest recommendations.
Not therapy, not advocacy, not mediation, not investigation, not decision‑making.
Informed Consent For Research
What Psychologists Must Disclose When Obtaining Informed Consent
Participants must be informed about:
1. Purpose, Duration, and Procedures
* What the study is about, how long it will take, and what they will do.
2. Right to Decline or Withdraw
* They may refuse participation or stop at any time after beginning.
3. Consequences of Declining or Withdrawing
* Any foreseeable outcomes of choosing not to participate or discontinuing.
4. Factors Affecting Willingness to Participate
* Potential risks, discomfort, or adverse effects.
5. Prospective Benefits
* Any possible benefits of participating.
6. Limits of Confidentiality
* How their data will be protected and any circumstances where confidentiality cannot be guaranteed.
7. Incentives for Participation
* Payments, course credit, or other inducements.
8. Contact Information
* Who to reach out to with questions about the research or participants’ rights.
EPPP Cue
* 8.02 = eight essential elements of informed consent in research.
Barter
When Barter Is Permitted
Psychologists may engage in barter only when both conditions are met:
1. Not Clinically Contraindicated
* The barter arrangement must not interfere with treatment, distort boundaries, or compromise clinical judgment.
2. Not Exploitative
* The exchange must be fair, equitable, and free from coercion or undue influence.
Ethical Rationale
* Protects clients from harm, boundary confusion, and financial exploitation.
* Ensures the psychologist’s decisions remain grounded in clinical need, not personal gain.
EPPP Cue
* Barter = allowed only if clinically appropriate AND non‑exploitative.
Insanity
Core Concept
* Insanity is a legal—not clinical—concept.
* Most modern definitions follow the American Law Institute (ALI) standard.
ALI Rule (Model Penal Code)
A defendant is not guilty by reason of insanity (NGRI) when, due to a mental disease or defect, the person:
1. Lacks substantial capacity to appreciate the wrongfulness of the act, or
2. Lacks substantial capacity to conform their behavior to the requirements of the law.
Key Features
* Focuses on capacity, not diagnosis alone.
* Includes both cognitive (appreciating wrongfulness) and volitional (ability to control behavior) components.
* Applied by courts, not clinicians.
EPPP Cue
* ALI = substantial capacity + wrongfulness OR ability to conform.
Insanity Standards — M’Naghten vs. ALI vs. Durham
Wild Card
M’Naghten Rule (Cognitive Only)
* Focus: Knowledge of right vs. wrong.
* A defendant is insane if, due to mental disease/defect, they did not know the nature and quality of the act or did not know it was wrong.
* Most restrictive; purely cognitive.
ALI Standard (Model Penal Code)
* Focus: Cognitive + Volitional.
* A defendant is insane if, due to mental disease/defect, they lack substantial capacity to:
1. Appreciate the wrongfulness of the act (cognitive), or
2. Conform behavior to the law (volitional).
* More flexible than M’Naghten.
Durham Rule (Product Test)
* Focus: Causation.
* A defendant is insane if the unlawful act was the product of a mental disease or defect.
* Broadest standard; rarely used due to over‑inclusiveness.
EPPP Cue
* M’Naghten = cognitive only.
* ALI = cognitive + volitional (“substantial capacity”).
* Durham = act is product of mental illness.
Ethical Violations By Colleagues
APA Ethics Code — Standards 1.04 & 1.05 (Ethical Violations by Colleagues)
Standard 1.04 — Informal Resolution
Psychologists should attempt an informal resolution when:
* The violation appears minor,
* An informal discussion with the offending psychologist is appropriate, and
* The issue can likely be resolved without formal action.
Standard 1.05 — Formal Reporting
A formal report to the Ethics Committee, state licensing board, or other authority is required when:
* The violation involves substantial harm, or
* The issue is not appropriate for informal resolution, or
* An informal attempt was made but did not resolve the problem.
Confidentiality Requirement
Before taking any action (informal or formal), psychologists must:
* Carefully consider client confidentiality,
* Ensure that reporting does not violate confidentiality obligations unless permitted or required by law.
EPPP Cue
* 1.04 = informal when appropriate.
* 1.05 = formal when substantial harm or unresolved.
* Always check confidentiality first.
Privilege And Holder Of The Privilege
Definition
* Privilege is a legal protection that keeps client–psychologist communications confidential in the context of legal proceedings.
Who Holds the Privilege?
* The client is ordinarily the holder of the privilege.
* A psychologist may assert (claim) the privilege on the client’s behalf when appropriate.
Legal Basis
* Most jurisdictions have statutes that establish privilege for communications between:
* Licensed mental health practitioners
* And their clients
Exceptions
* Privilege is not absolute.
* There are legally defined exceptions, which vary by jurisdiction (e.g., danger to self/others, child abuse reporting, court orders).
EPPP Cue
* Privilege = legal protection in court; client holds it; psychologist may assert it; exceptions exist.
Child Abuse Reporting
Core Principle
* While specific laws vary by jurisdiction, all jurisdictions require psychologists to report known or suspected cases of child abuse to the appropriate authorities.
Key Features
* Reporting is mandatory, not discretionary.
* Applies to both known and suspected abuse — certainty is not required.
* Reports must be made to the legally designated agency (e.g., child protective services).
Ethical + Legal Intersection
* This duty overrides typical confidentiality rules.
* Psychologists must disclose only the information necessary to make the report.
EPPP Cue
* Child abuse = always report. Suspicion is enough.
Guidelines for Providers of Psychological Services to Ethnic, Linguistic, and Culturally Diverse Populations
Purpose of the Guidelines
* Provide aspirational principles (not mandatory standards) to support psychologists in delivering ethical, culturally competent services.
* Aim to enhance proficiency, sensitivity, and effectiveness when working with diverse populations.
Core Emphasis
* Cultural competence is essential to ethical practice.
* Psychologists must integrate:
* Cultural awareness (self‑reflection on biases and worldview),
* Cultural knowledge (understanding diverse groups and contexts),
* Cultural sensitivity (respectful, responsive engagement).
Application Across Service Delivery
The guidelines encourage psychologists to incorporate cultural competence into:
* Assessment,
* Diagnosis,
* Intervention,
* Consultation,
* Supervision,
* Research,
* Professional communication.
EPPP Cue
* Aspirational guidance promoting cultural awareness, knowledge, and sensitivity across all psychological services.
APA Diversity Guidelines vs. DSM‑5‑TR Cultural Formulation Interview
Wild Card
DSM‑5‑TR Cultural Formulation Interview (CFI)
Type: Structured clinical assessment tool
Purpose: Guide clinicians in assessing culture’s role in an individual’s clinical presentation
Focus:
* Client’s cultural identity
* Cultural explanations of illness
* Cultural stressors, supports, and functioning
* Cultural factors in the clinician–client relationship
Scope: 16‑item interview + supplementary modules
Use: Applied directly in diagnostic assessment
Key Distinction
* APA Guidelines = broad, aspirational, profession‑wide cultural competence.
* CFI = structured, diagnostic tool for understanding culture in a specific client’s presentation.
EPPP Cue
* Guidelines = how psychologists should practice.
* CFI = how to assess culture in a clinical encounter.
Vicarious Liability
Definition
* Vicarious liability (also called respondeat superior) is a legal doctrine that holds supervisors or employers legally responsible for the actions of their supervisees or employees when those actions occur within the scope of employment.
Key Features
* Applies even if the supervisor did not personally commit the act.
* Based on the idea that employers/supervisors have authority and responsibility over the work performed.
* Most relevant in:
* Clinical supervision,
* Agency or hospital settings,
* Training programs,
* Group practices.
EPPP Cue
* Vicarious liability = supervisor/employer is legally accountable for supervisee’s actions done in the course of their duties.
Differential
Direct Liability
* The psychologist is held legally responsible for their own actions.
* Applies when the psychologist:
* Fails to supervise adequately,
* Provides negligent services,
* Violates ethical or legal standards,
* Engages in misconduct directly.
* Focus: Your own behavior and whether it met the standard of care.
Client Testimonials
APA Ethics Code — Standard 5.05 (Testimonials)
Core Rule
Psychologists must not solicit testimonials from:
* Current therapy clients/patients, or
* Any individuals who are vulnerable to undue influence because of their circumstances.
Rationale
* Protects clients from coercion, exploitation, and boundary violations.
* Ensures that marketing and public statements remain ethical, accurate, and free of pressure.
EPPP Cue
* No testimonials from current clients or anyone vulnerable to influence.
Sexual Intimacies With Clients And Former Clients
Current Clients (Standard 10.05)
* Absolutely prohibited.
* Psychologists must never engage in sexual intimacies with current therapy clients/patients.
* This includes physical, verbal, or romantic sexual behavior.
Clients’ Close Relations (Standard 10.06)
* Sexual relationships with individuals closely related to or closely associated with current clients are also prohibited when such relationships could:
* Impair objectivity,
* Harm the client, or
* Risk exploitation.
Former Clients (Standard 10.08)
* Sexual intimacies with former therapy clients are prohibited for at least two years after therapy ends.
* After two years, such relationships are strongly discouraged and allowed only in the most exceptional circumstances, with the psychologist bearing the burden of demonstrating:
* No exploitation,
* No harm,
* No influence from prior professional relationship.
Therapy With Former Sexual Partners (Standard 10.07)
* Psychologists must not accept as therapy clients anyone with whom they have had sexual intimacies in the past.
EPPP Cue
* Never with current clients.
* Never with former sexual partners.
* Former clients = 2‑year minimum + exceptional circumstances only.