Ethics Flashcards

(52 cards)

1
Q

Pro Bono Services

A

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.

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2
Q

Multiple Relationships

A

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.

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3
Q

Clients Receiving Services From Another Professional

APA Ethics Code — Standard 10.04 (Providing Services to Clients Receiving Treatment Elsewhere)

A

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.

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4
Q

Interruption and Termination of Therapy

PA Ethics Code — Standard 10.10 (Termination of Therapy)

A

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.

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5
Q

Fact Versus Expert Witness

A

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

  • Fact = firsthand observations only.
  • Expert = specialized opinions allowed once qualified by the court.

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6
Q

In-Person Solicitation

APA Ethics Code — Standard 5.06 (In‑Person Solicitation)

A

Core Prohibition

  • Psychologists must not engage—directly or through agents—in uninvited, in‑person solicitation of business from:
  • Actual or potential therapy clients/patients, or
  • Individuals who are vulnerable to undue influence due to their circumstances.

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.

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7
Q

Animals In Research

APA Ethics Code — Standard 8.09 (Humane Care and Use of Animals in Research)

A

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.

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8
Q

Competence

APA Ethics Code — Standard 2.01 (Boundaries of Competence)

A

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.

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9
Q

Malpractice

A

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

  • All four elements must be present. Miss one → no malpractice.

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10
Q

Guidelines For Child Custody Evaluations In Family Law Proceedings

A

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

  • Aspirational guidelines → best interests + child welfare above all.

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11
Q

(Extensions of Competence)
APA Ethics Code — Standard 2.01(b–f)

Wild Card

A

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

  • 2.01(b–f) = emerging areas, cultural competence, emergency exceptions, supervision responsibilities, and ongoing professional development.

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12
Q

What Child Custody Evaluations Are Not

Wild Card

A

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.

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13
Q

Informed Consent For Research

A

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.

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14
Q

Barter

A

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.

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15
Q

Insanity

A

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.

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16
Q

Insanity Standards — M’Naghten vs. ALI vs. Durham

Wild Card

A

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.

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17
Q

Ethical Violations By Colleagues

APA Ethics Code — Standards 1.04 & 1.05 (Ethical Violations by Colleagues)

A

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.

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18
Q

Privilege And Holder Of The Privilege

A

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.

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19
Q

Child Abuse Reporting

A

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.

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20
Q

Guidelines for Providers of Psychological Services to Ethnic, Linguistic, and Culturally Diverse Populations

A

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.

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21
Q

APA Diversity Guidelines vs. DSM‑5‑TR Cultural Formulation Interview

Wild Card

A

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.

22
Q

Vicarious Liability

A

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.

23
Q

Client Testimonials

APA Ethics Code — Standard 5.05 (Testimonials)

A

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.

24
Q

Sexual Intimacies With Clients And Former Clients

A

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.

25
Confidentiality
Confidentiality is the psychologist’s **ethical obligation to protect** clients from unauthorized disclosure of **information** shared within the professional relationship. ***Ethical + Legal Dimensions*** * Primarily an **ethical principle** grounded in respect for client privacy and trust. * In many situations, it is also a **legal requirement**, with statutes or regulations governing when information may or must be disclosed. ***Purpose*** * Safeguards client welfare, autonomy, and dignity. * Supports a safe therapeutic environment where clients can disclose sensitive information. ## Footnote **EPPP Cue** * Confidentiality = ethical duty to protect client information; sometimes also a legal mandate
26
Cost Analysis ## Footnote What is cost analysis, and what are the six major types used in program evaluation?
***What Cost Analysis Is*** Cost analysis refers to a set of techniques used to evaluate the costs associated with an intervention, helping decision‑makers determine whether the intervention is: * **financially justified** * **efficient** * **sustainable** It is central in program evaluation, health economics, and organizational decision‑making. ***Six (6) Major Types of Cost Analysis*** **1 - Cost‑Benefit Analysis** * Converts **both costs and outcomes into monetary terms** * Determines *whether benefits outweigh costs*. **Plain English:** Everything becomes dollars. **2 - Cost‑Effectiveness Analysis** * Compares **costs** to **non‑monetary outcomes** (e.g., symptom reduction, increased functioning). * Useful when outcomes cannot be easily monetized. **Plain English:** Cost per unit of improvement. **3 - Cost‑Utility Analysis** * Uses **quality‑adjusted life years (QALYs)** or similar metrics. * Focuses on **quality of life improvements** relative to cost. **Plain English:** Cost per quality‑of‑life gain. **4 - Cost‑Feasibility Analysis** * Assesses whether an intervention is **affordable** or **practically implementable** * Helps determine if a program can realistically be carried out **Plain English:** Can we even do this? **5 - Cost‑Minimization Analysis** * Used when two interventions have **equivalent outcomes**. * Identifies **least expensive** option **Plain English:** Same results → choose the cheaper one. **6 - Cost‑Offset Analysis** * Examines whether an intervention leads to **reduced future costs** (e.g., fewer hospitalizations, lower service utilization). * Often used in mental health and medical settings **Plain English:** Does spending now save money later? ## Footnote **EPPP Cue** **CBA =** money–money **CEA =** money–outcome **CUA =** money–QALY **Feasibility =** can we do it **Minimization =** cheapest equal option **Offset =** saves money later
27
Informed Consent For Therapy ## Footnote APA Ethics Code — Standard 10.01 (Informed Consent to Therapy)
Psychologists must provide informed consent to therapy as **early as feasible** in the therapeutic relationship. ***What Clients Must Be Informed About*** * Nature of therapy * Anticipated course of treatment * Fees and financial arrangements * Involvement of third parties (e.g., insurers, supervisors, treatment teams) * Limits of confidentiality Clients must also be given sufficient opportunity to ask questions and receive clear answers. ***Purpose*** * Ensures transparency, autonomy, and trust. * Supports ethical decision‑making and collaborative treatment. ## Footnote **EPPP Cue** * **Informed consent =** early disclosure of nature, course, fees, third parties, confidentiality + time for questions.
28
Sexual Harassment ## Footnote APA Ethics Code — Standard 3.02 (Sexual Harassment)
Psychologists are **strictly prohibited** from engaging in sexual harassment in any professional role or activity. ***Definition of Sexual Harassment*** Sexual harassment includes: * Sexual solicitation, * Physical advances, or * Verbal or nonverbal conduct that is sexual in nature, * Occurring in connection with the psychologist’s professional activities or roles, * And meets either of the following conditions: **Condition 1** * The conduct is unwelcome, offensive, or creates a hostile workplace or educational environment, * And the psychologist knows this or is told this. **Condition 2** * The conduct is sufficiently severe or intense that it would be abusive to a reasonable person in the context. ***Key Features*** * Applies to all professional settings: clinical, academic, supervisory, research, organizational. * Focuses on both **intent** and **impact**. * Protects clients, students, supervisees, employees, and colleagues. ## Footnote **EPPP Cue** * **Sexual harassment =** sexual conduct in a professional role that is unwelcome, hostile, or severe enough to be abusive.
29
Complainants And Respondents ## Footnote APA Ethics Code — Standard 1.08 (Unfair Discrimination Against Complainants and Respondents)
Psychologists must not deny a person: * Employment * Advancement * Admission to academic or training programs - Tenure - Promotion solely because they: * Filed an ethics complaint, or * Were the subject of an ethics complaint. **Key Principle** * Filing or being named in an ethics complaint cannot be used as the sole basis for negative professional consequences. * This protects both whistleblowers and respondents from retaliation or unfair treatment. ***Important Exception*** Psychologists may take action based on: * The outcome of ethics proceedings, or * Other appropriate information relevant to competence, conduct, or suitability. In other words, the complaint itself cannot be used against someone — but the **substantiated findings** can. ## Footnote **EPPP Cue** * You **can’t** punish someone just for being involved in an ethics complaint; **only the outcome matters.**
30
Specialty Guidelines for Forensic Psychologists ## Footnote What is the purpose of the Specialty Guidelines for Forensic Psychology, what issues do they address, and how do they define forensic psychology?
***Purpose of the Guidelines*** The Specialty Guidelines are **aspirational standards** designed to: * Enhance the **quality and integrity** of forensic psychological services * Support the **continued development** of the field * Promote **high standards of professional competence** * Encourage practitioners to **respect and uphold the rights** of all individuals involved in legal matters **Plain English:** They set the bar for ethical, competent, rights‑respecting forensic practice. ***Scope of Issues Addressed*** The guidelines provide direction on common challenges in forensic work, including: * **Multiple relationships** * **Fees and financial arrangements** * **Informed consent** in legal contexts * **Confidentiality** and its limits in forensic settings * **Professional roles,** impartiality, and communication with legal stakeholders **Plain English:** They help psychologists navigate the ethical complexities of legal systems. ***Definition of Forensic Psychology*** Forensic psychology refers to: * The **professional practice of psychology—** from any subdiscipline (clinical, developmental, social, cognitive, etc.) * When psychological knowledge, methods, or expertise are **applied to the law** * To assist in addressing **legal, contractual, or administrative matters** **Plain English:** Any time psychology is used to help the legal system answer a question. ## Footnote **EPPP Cue** **Forensic =**psychology applied to legal questions. **Guidelines =** aspirational standards promoting competence, integrity, and rights protection.
31
APA Ethics Code — Standard 6.07 (Referrals & Fees) ## Footnote What does Standard 6.07 say about referral fees and fee‑splitting?
**Core Rule** When psychologists **pay, receive,** or **divide fees** with another professional (outside an employer–employee relationship), the payment **must be based on actual services provided — not** on the referral itself. ***Key Principles*** * **No referral fees** or “kickbacks” * Payments must reflect **legitimate professional services** (clinical, consultative, administrative, etc.) * Ensures **transparency, fairness,** and **protection from exploitation** * Prevents financial arrangements from **biasing clinical judgment* ## Footnote **EPPP Cue** * **Fee‑splitting allowed only for services rendered — never for the referral.**
32
Client Access to Records (APA Ethics Code — Standard 6.03 & related principles) ## Footnote What are psychologists’ ethical obligations regarding client access to records?
***Core Principle*** Clients generally have the **right to access their records,** and psychologists have an ethical obligation to **provide access upon request, unless** doing so would cause **substantial harm** to the client or another person. **APA Ethics Code Basis (Standard 6.03 & related principles)** Psychologists: **1 - Provide Access** Give clients access to information in their records when requested. **2 - Limit Access Only When Necessary** Access may be restricted only when: * Releasing the information would likely cause **serious harm, or** * **Law** restricts disclosure (e.g., court orders, protected third‑party information) **3 - Document the Rationale** * If access is denied, psychologists must **document** the reason. **4 - Offer a Summary When Appropriate** * When full access is not clinically appropriate, a **summary** should be offered instead. **Key Considerations** * Laws (e.g., **HIPAA**) may grant clients **broad rights** to inspect and obtain copies * Psychologists must balance: - Client autonomy, - Protection from harm - Legal requirements * Records must be maintained in a way that **facilitates appropriate access** **Plain English:** Clients can see their records unless doing so would hurt them or break the law. ## Footnote **EPPP Cue** * **Clients can access their records unless doing so would cause substantial harm or violate law.**
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APA Ethics Code — Standard 7.07 (Sexual Relationships With Students & Supervisees) ## Footnote What does Standard 7.07 prohibit regarding sexual relationships with students and supervisees?
***Core Rule*** Psychologists **must not engage in sexual relationships** with: * **Students,** or * **Supervisees** who are: * In the psychologist’s **department, agency, or training center,** or * Individuals over whom the psychologist **has,** or is **likely to have, evaluative authority.** ***Rationale*** * **Prevents exploitation, coercion,** and **power‑based harm**. * Protects the **integrity** of training, supervision, and academic environments. * Ensures evaluations remain **fair, objective,** and **free from conflicts of interest** ***Key Features*** * Applies **even if the relationship is consensual —** the power differential compromises true consent * “Likely to have evaluative authority” includes **foreseeable future roles** (e.g., upcoming supervision, grading, or performance review). * Designed to maintain **professional boundaries** and safeguard the training process. **Plain English:** No sexual relationships with anyone you evaluate — now or in the foreseeable future. ## Footnote **EPPP Cue** **7.07 = No sexual relationships with students or supervisees under your evaluative authority.**
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Sliding Fee Scale
***Ethics Code Status*** * The APA Ethics Code **does not** explicitly address sliding fee scales. * However, they are generally **considered ethically acceptable** when implemented appropriately. ***Key Principles*** A sliding fee scale is acceptable when it is: * **Fair** and applied **consistently** * Designed to serve the best interests of the client * **Transparent** in how fees are determined * Not exploitative or misleading * Aligned with broader ethical duties related to access to care, equity, and financial integrity ***Clinical + Ethical Rationale*** * Supports **access to services** for clients with limited financial resources * Helps psychologists **balance client welfare** with responsible practice management * Must **not** be **used** in ways **that create dual relationships**, favoritism, or coercion ## Footnote **EPPP Cue** * **Sliding fee scales are allowed when fair, transparent, and client‑centered.**
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APA Ethics Code — Standard 9.08 (Obsolete Tests & Outdated Results) ## Footnote What does Standard 9.08 require regarding the use of outdated tests and test results?
***Core Rule*** Psychologists **must not base assessment or intervention decisions** on: - **Outdated data** or test results that are no longer valid for the current purpose - **Obsolete tests or measures** that are not useful, current, or appropriate for the client’s needs **Plain English:** Use current tests and current data — never outdated tools or old results. ***Key Principles*** Assessment decisions must rely on current, reliable, and valid information * Using obsolete or outdated tools increases risk of: - **Misinterpretation** - **Misdiagnosis** - **Client harm** * Psychologists are responsible for staying informed about: - Updated **test norms** - Revised **test editions** - Changes in **psychometric quality** - Shifts in **cultural or contextual relevance** ***Examples (EPPP‑Relevant)*** - Using **WISC‑III** norms when **WISC‑V** is the current standard - Interpreting a **CPT‑II** score when **CPT‑3** norms are required - Relying on assessment data collected **years earlier** without verifying current functioning ## Footnote **EPPP Cue** * **Use current tests and current data — never obsolete tools or outdated results.**
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APA Ethics Code — Standards 7.01–7.06 (Education & Supervision) ## Footnote What do Standards 7.01–7.06 require of psychologists in education, training, and supervision?
***Core Theme*** Standards **7.01–7.06** outline psychologists’ responsibilities in **education, training, and supervision,** emphasizing **accuracy, competence, fairness,** and **protection of students and supervisees.** ***Key Requirements*** **7.01 — Accurate Course Descriptions** * Course syllabi, program descriptions, and training materials must **accurately reflect** content, requirements, and evaluation procedures. **7.02 — Accurate Statements** * Psychologists must **not misrepresent** their teaching, training, supervision, or academic programs. **7.03 — Education & Training Programs** * Programs must be **competently designed**, meet **stated goals**, and provide appropriate **knowledge and supervised experience.** **7.04 — Student Disclosure of Personal Information** Psychologists **cannot require** students or supervisees to disclose personal information **unless:** * It is clearly identified as a **program requirement,** or * It is necessary to evaluate or obtain assistance for **personal problems interfering with training.** **7.05 — Mandatory Individual or Group Therapy** If therapy is required as part of training: * Students may choose a therapist **not affiliated** with the program, **or** * The program must have clear policies to avoid **dual relationships.** **7.06 — Assessing Student & Supervisee Performance** * Evaluations must be **accurate, fair, timely,** and based on **established criteria.** **Plain English Summary** Teach honestly, train competently, avoid unnecessary personal intrusion, prevent dual relationships, and evaluate fairly. ## Footnote **EPPP Cue** **Standards 7.01–7.06 = accuracy, competence, fairness, and protection of students/supervisees.**
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Competence to Stand Trial (Dusky v. United States, 1960) ## Footnote What does the Dusky standard require for a defendant to be competent to stand trial?
***Core Legal Standard (Dusky, 1960)*** A defendant is competent to stand trial when they have: **1 - Sufficient present ability to consult with their attorney** * With a **reasonable degree of rational understanding** **2 - A rational and factual understanding** * Of the **legal proceedings** against them **Plain English:** They must understand what’s happening and be able to work with their lawyer. ***Key Principles*** * **Focuses on current functioning,** not past mental state * Requires **both rational and factual understanding** * Emphasizes the ability to **assist counsel,** not simply to understand charges * Competence is a **legal determination,** informed by psychological evaluation * **Mental illness alone does not equal incompetence —** the illness must impair the specific abilities outlined in Dusky ## Footnote **EPPP Cue** * **Dusky = present ability + rational understanding + factual understanding + ability to assist counsel.**
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APA Ethics Code — Standard 6.04 (Fees & Nonpayment) Use of Collection Agencies ## Footnote What must psychologists do before using a collection agency or legal measures to address client nonpayment?
***Core Rule (Standard 6.04)*** When a client fails to pay as agreed, and the psychologist plans to use **collection agencies** or **legal measures,** the psychologist must: **1 - Inform the client first**, and **2 - Provide an opportunity for prompt payment** before taking action. **Plain English:** You must warn the client and give them a chance to pay before sending the bill to collections. ***Key Principles*** * Protects clients from **surprise financial consequences** * Ensures **transparency** and **fairness** in financial practices * Gives clients a chance to resolve the issue **without escalation** * Collection actions must still respect **confidentiality** and other ethical obligations ## Footnote **EPPP Cue** * **Before collections or legal action → notify the client + give a chance to pay.**
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Sexual Misconduct by Psychotherapists (Pope et al., 1993) ## Footnote What does research by Pope et al. (1993) reveal about sexual misconduct by psychotherapists?
***Gender Patterns*** * **Male therapists** engage in sexual and other dual relationships with clients **far more often** than female therapists. * This pattern has been **consistent across studies.** ***Typical Age Differences*** Among therapists who engage in sexual misconduct: * **Therapist age:** 42–44 * **Client age:** 30–33 * Reflects a **power and age differential** that increases risk for exploitation. ***Non‑Predictive Factors*** Research shows **no consistent relationship** between risk for sexual misconduct and: * Theoretical orientation * Level of professional experience * Educational background **Plain English:** No degree, orientation, or years of experience “protects” against boundary violations — ethics and boundaries matter most. ***Clinical & Ethical Implications*** * Sexual misconduct is rooted in **power imbalance,** not theoretical model. * Prevention requires **clear boundaries, self‑monitoring,** and **ethical vigilance.** * Supervisors and institutions must maintain **strong oversight** and **training** on boundary management. ## Footnote **EPPP Cue** Male therapists offend more; offenders tend to be older than clients; no link to orientation, experience, or education.
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Informed Consent And Assent ## Footnote What are psychologists’ responsibilities regarding informed consent and assent in therapy, assessment, research, and consultation?
***Informed Consent (APA Ethics Code)*** Psychologists must obtain **informed consent** when providing **research, assessment, therapy, counseling, or consulting services—** whether in person or via electronic or other communication methods. Consent must be given in **language that is reasonably understandable** to the individual. **When Individuals *Can* Legally Consent** Psychologists must ensure that: * Consent is **voluntary** * Information is **clear and comprehensible** * The individual has the **capacity** to understand and agree **Plain English:** They must understand what they’re agreeing to and choose freely. **When Individuals *Cannot* Legally Consent** For persons legally incapable of providing informed consent (e.g., minors, individuals with certain impairments), psychologists must: * **1- Provide an appropriate explanation** * **2 - Seek the individual’s assent** * **3 - Consider the person’s preferences and best interests** * **4 - Obtain permission from a legally authorized representative** **Purpose:** Respects autonomy even when full legal consent is not possible. ***Example of Assent (EPPP‑Relevant)*** **Scenario** A psychologist begins therapy with a **10‑year‑old child** whose parent has already provided legal consent. **What the Psychologist Does** * Explains therapy in **age‑appropriate language:** “*I’m someone kids talk to when they’re having a hard time. We’ll meet once a week, and you can tell me what’s going on. I’ll listen and try to help.”* * Asks for the child’s **assent:** *“Does that sound okay to you? Are you willing to meet with me and talk?”* * Respects the child’s response unless **safety** or **legal requirements** override it. **Outcome** * **“Yes”**= assent * **“No”** = psychologist considers preferences, best interests, and discusses next steps with the parent/guardian ## Footnote **EPPP Cue** Informed consent = understandable language + voluntary agreement. If legally incapable → explanation + assent + best interests + legal permission.
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Deception In Research ## Footnote APA Ethics Code — Standard 8.07 (Deception in Research)
When Deception Is Allowed Deception may be used only when all of the following conditions are met: 1. Strong Justification * The deception is justified by the study’s significant prospective scientific, educational, or applied value * No effective non‑deceptive alternatives are feasible 2. No Deception About Harm * Participants are not deceived about aspects of the study that could reasonably be expected to cause: * Physical pain, or * Severe emotional distress 3. Required Debriefing * Participants must be debriefed: * Preferably immediately after participation * No later than the conclusion of data collection * Debriefing must include disclosure of the deception and an opportunity to ask questions Key Principles * Deception is exceptional, not routine * Protects participant welfare and autonomy * Ensures transparency once participation ends * Reinforces the ethical obligation to minimize harm EPPP Cue * Deception = justified value + no deception about harm + timely debriefing. ## Footnote Example of Deception in Research Scenario A social psychologist is studying conformity. To preserve the integrity of the study, participants are told they are completing a “visual perception task,” but the real purpose is to observe how they respond to group pressure from confederates who intentionally give wrong answers. Why This Deception Is Allowed * Justified value: Understanding conformity has strong scientific and applied importance, and the study cannot be conducted without some deception. * No deception about harm: Participants are not misled about anything that could cause physical pain or severe emotional distress. * Debriefing: At the end of the session, the researcher explains: * The true purpose of the study * Why deception was necessary * Who the confederates were * That the participant’s responses are normal and expected * Answers any questions Outcome The study meets all three conditions of Standard 8.07, making the deception ethically permissible.
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General Guidelines for Providers of Psychological Services
Purpose & Nature * The General Guidelines were created as a form of professional self‑regulation designed to serve the public interest. * They are broad, aspirational, and non‑enforceable, offering high‑level direction rather than specific mandates. Who They Apply To * They guide all individuals who provide psychological services, including assessment, intervention, consultation, and related activities. * Exception: They do not apply to psychologists whose primary roles involve teaching, research, or scientific writing/editing. Core Goals The guidelines aim to enhance: * The quality of psychological services * The effectiveness of service delivery * The accessibility of psychological care to diverse populations They promote responsible, ethical, and culturally responsive practice across service settings. EPPP Cue * General Guidelines = broad, aspirational, public‑interest standards for all service providers (except teaching/research).
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Personal Problems ## Footnote APA Ethics Code — Standard 2.06 (Personal Problems & Conflicts)
Psychologists must **monitor** how their personal problems may affect their **professional competence** and take action to **prevent harm**. **Part (A): Before Starting Work** Psychologists refrain from initiating professional activities when they know or should know that their personal problems create a substantial likelihood of impairing competent performance. **Key idea:** * Don’t start the work if you’re not able to perform it competently. **Part (B): After Work Has Begun** If psychologists become aware that personal problems are interfering or may interfere with their duties, they must take appropriate steps, such as: * **Seeking professional consultation** * **Obtaining assistance** * **Limiting, suspending,** or **terminating** their work‑related duties as needed **Key idea:** * Protect clients by acting promptly and responsibly when impairment emerges. ## Footnote **EPPP Cue** * **If personal problems impair competence → don’t start; if they arise later → seek help and adjust duties.**
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Consultation ## Footnote APA Ethics Code — Standard 4.06 (Consultations)
When consulting with colleagues, psychologists must **protect confidentiality** and **limit disclosures** to what is strictly necessary for the consultation’s purpose. ***Two Key Requirements*** **1 - No Identifying Information Without Consent** Psychologists do not disclose confidential information that could reasonably lead to identifying a: * Client/patient * Research participant * Organization unless: * Prior consent has been obtained, or * Disclosure cannot be avoided to achieve the consultation’s purpose **2 - Minimum Necessary Disclosure** Even when disclosure is permitted, psychologists share **only the information needed to accomplish the consultation goal** — nothing more. **Rationale** * **Protects client privacy** during professional collaboration * Ensures consultations remain **ethical, respectful**, and **aligned** with the principle of confidentiality * Reinforces that consultation **does not override** the psychologist’s duty to **safeguard sensitive information** ## Footnote **EPPP Cue** * Consultation = no identifying info without consent + disclose only what’s necessary.
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Avoiding Bias In Language ## Footnote APA Publication Manual — Bias‑Free Language
Promote clarity, accuracy, and respect by avoiding biased, stigmatizing, or exclusionary language in psychological writing. ***Key Principles*** **1 - People‑First Language** * Emphasizes the person before the condition * “Clients with a disability” rather than “disabled clients” * “People with schizophrenia” rather than “schizophrenics” **2 - Specificity in Descriptions** * Use precise, contextually appropriate terms when referring to: - Race - Ethnicity - Gender - Sexual orientation * Avoid vague or homogenizing labels (e.g., “minorities”). **3 - Avoid Centering Whiteness** * Do not use white individuals as the default or standard for comparison. * Describe all groups with equal clarity and specificity. **4 - Emotionally Neutral Language** * Use neutral, non‑stigmatizing terms: * “People with a disease” rather than “people afflicted by a disease” * “Older adults” rather than “the elderly” ## Footnote **EPPP Cue** * Bias‑free language = people‑first + specific + neutral + no defaulting to whiteness. Revised, Bias‑Free Version * People‑first language: “participants with diabetes” instead of “afflicted diabetics” * Specificity: names the racial/ethnic groups instead of using “minority groups” * Avoids centering whiteness: describes all groups with equal clarity * Emotionally neutral: removes stigmatizing language like “afflicted
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Publication Credit ## Footnote APA Ethics Code — Standard 8.12 (Publication Credit)
Authorship credit must reflect **actual, substantial,** and **meaningful contributions** — not status, seniority, or hierarchy. ***Part (A): Responsibility & Credit*** Psychologists: * Take responsibility only for work they have **actually performed** * Accept authorship credit only for work to which they have **substantially contributed** * **Do not claim credit for others’ work** or allow their names to be added for prestige ***Part (B): Accurate Authorship Order*** * Principal authorship must reflect the **relative scientific or professional contribution,** not rank or title * Students who make the **primary contribution are listed as first author,** even if faculty or supervisors are involved * Status differences (e.g., professor vs. graduate student) must not distort authorship order ***Key Principles*** * Protects **integrity** of scholarly work * **Prevents exploitation** of students, trainees, and junior colleagues * Ensures **transparency** in scientific contribution * Reinforces **fairness** in collaborative research ## Footnote **EPPP Cue** * **Authorship = contribution, not status; credit only for work actually done.**
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Test Scoring And Interpretation Services ## Footnote APA Ethics Code — Standard 9.09 (Assessment Services)
Psychologists must provide **accurate, transparent** assessment services and maintain **full professional responsibility** for test use and interpretation — even when others assist or automated systems are involved. ***Part (A): Accurate Description of Assessment Services*** Psychologists who offer **scoring or interpretive services** to other professionals must clearly and accurately describe: * Purpose of the assessment * Norms used * Validity evidence * Reliability data * Appropriate applications and limitations * Special qualifications required to administer or interpret the instrument **Key idea:** Other professionals must receive enough information to use the assessment competently and ethically. ***Part (C): Responsibility Cannot Be Delegated*** Psychologists retain **full responsibility** for: * **Proper application** of tests * **Accurate** interpretation of results * **Ethical use** of assessment instruments This holds true whether they: * Score and interpret tests themselves, * Use automated scoring systems, or * Rely on third‑party scoring or interpretive services **Key idea:** You can outsource scoring — but never your ethical responsibility. ## Footnote **EPPP Cue** * **9.09 = accurate descriptions + psychologist remains responsible even when using automated or third‑party scoring.**
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Responding to a Subpoena
Psychologists must **balance legal obligations with ethical duties of confidentiality,** following a structured, protective decision‑making process. ***Step‑by‑Step Process*** **1 - Determine Legal Validity** * Confirm whether the subpoena is a **legally valid demand** (e.g., properly issued, within jurisdiction, signed if required). * *If invalid → no disclosure; respond accordingly*. **2 - Contact the Client Before Responding** * *If the subpoena is valid, a formal response is **required***, but the psychologist should first: * **Notify the client** * Discuss the **implications of releasing** the requested information * Clarify confidentiality limits and potential risks **3 - Follow the Client’s Wishes When Possible** * If the **client consents** and *no ethical or legal barriers exist* → provide the requested information. * If the** client does not consent** → the psychologist or their attorney may: * Attempt to **negotiate** with the requesting party * Seek to **limit or modify** the request **4 - Protect Confidentiality if Dispute Continues** If the client still **does not consent** and the **requesting party insists**: * The *psychologist* may seek **informal guidance from the court** (e.g., a letter to the judge), or * The *psychologist’s attorney* may file a: * **Motion to quash** the subpoena, or * **Motion for a protective order** These steps ensure the psychologist does not release confidential information without proper legal authority. ## Footnote **EPPP Cue** **Validate subpoena → contact client → follow consent when possible → if no consent, negotiate → if still demanded, seek court protection.**
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Tarasoff Decision
**Original Decision (Tarasoff I)** * Established a **duty to warn** an *identifiable* victim when a therapy client makes a credible threat of violence. **Rehearing (Tarasoff II)** * *Expanded the obligation* to a **broader duty to protect**, which may include: * **Warning** the *intended victim* * **Notifying** law enforcement * Taking **other reasonable steps** (e.g., hospitalization) **Key shift:** From warn → protect (a more flexible, action‑oriented standard). **When the Duty Applies** In most jurisdictions, the duty to warn/protect is **triggered only** when: * The client poses a **clear and imminent danger,** and * There is an **identifiable victim (or victims)** Some jurisdictions extend this to an identifiable *“class of victims”* (e.g., “children in the neighborhood”). ## Footnote **EPPP Cue** * Tarasoff I = warn * Tarasoff II = protect; duty triggered by imminent danger + identifiable victim.
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Jaffee vs Redmond and Ewing vs Goldstein
**Jaffee v. Redmond** *(Psychotherapist–Patient Privilege)* * **Holding:** Established a *federal psychotherapist–patient privilege* **protecting confidential therapy communications** from disclosure in federal court. * **Key principle:** Confidentiality is essential for effective treatment. * **Scope:** Applies broadly to licensed mental health professionals; privilege belongs to the client. **Ewing v. Goldstein** *(Third‑Party Communication)* * **Holding:** A therapist’s duty to protect **may be triggered by credible information from a third party** (e.g., family member), not just from the client. * **Key principle:** Threat information from others can create the same duty as a direct client threat. * **Scope:** Expands Tarasoff‑type duties in jurisdictions that adopt this interpretation.
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Client Welfare
Psychologists must take **reasonable steps to avoid causing harm and to minimize harm** when it is unavoidable. This applies across all professional roles, including work with: * **Clients and patients** * **Students and supervisees** * **Research participants** * **Organizational clients** * **Anyone else** with whom psychologists interact **professionally** ***What “Reasonable Steps” Means*** * Acting with foresight, competence, and care * Anticipating potential risks * Modifying procedures to reduce foreseeable harm * Taking corrective action when harm occurs or becomes likely ***Scope of the Standard*** * Broad, general, and foundational * Applies to all psychological services and professional activities * Reinforces the overarching ethical commitment to beneficence and nonmaleficence ***Examples of Reasonable Steps*** * Adjusting interventions when a client is deteriorating * Providing appropriate supervision to trainees * Ensuring research procedures do not expose participants to unnecessary risk * Referring out when competence limits are reached * Clarifying boundaries to prevent role conflicts ## Footnote **EPPP Cue** ** 3.04 = broad duty to avoid and minimize harm across all professional roles.**
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Test Data and Materials ## Footnote Standards 9.04 & 9.11 — Test Data vs. Test Materials
***Standard 9.04 — Test Data (Must Be Released With Consent)*** **Definition of Test Data** Includes: * Raw and scaled scores * Client/patient responses to test questions or stimuli * Psychologists’ notes and recordings about client statements or behavior during testing **Release Requirements** * With a client/patient release, psychologists must provide test data to: * The client/patient, or * Anyone the client identifies in the release * *Exceptions* may apply when releasing data would cause substantial harm or misuse, but the default is release with consent. **Key idea:** Test data belong to the client, not the psychologist. ***Standard 9.11 — Test Materials (Must Be Protected) Definition of Test Materials* Includes: * Manuals * Test instruments * Protocols * Test questions or stimuli **Security Requirements** Psychologists must make reasonable efforts to: * Protect the integrity, security, and copyrighted nature of test materials * Prevent public exposure that could compromise test validity * Avoid releasing materials that would allow unqualified individuals to misuse or reproduce tests **Key idea:** Test materials belong to the publisher, and psychologists must safeguard them. ## Footnote **EPPP Cue** * 9.04 = release test data with consent * 9.11 = protect test materials to maintain security