New Developments in Ethics and the Law

David L.Shapiro Ph.D

APA Ethics Code

• Differences : 1992 and 2002• Differences 2002 and 2010• Issues Regarding Documentation• Issues Regarding Civil Liability and the

Standard of Care• Issues Regarding Use of the Term

“Reasonable”

APA Ethics Code : Specific Issues

• Standard 1.01:Misuse of Work: Additional Constraints

• Standard 1.02 and 1.03: Conflict of Ethics and the Law: Legal Discovery, Concerns about Torture

• Standards 1.04 and 1.05: Resolution of Ethical Issues: Tampering, Fraudulent Complaints

APA Continued: Competence

• Standard 2.01: Parallel to Federal Rules of Evidence

• Problems with New Areas• Knowledge of the Law• Standard 2.05 : Delegation of Work : Problems

Regarding Authority and Supervision

APA: Continued

• Standard 3.04: Avoiding Harm: Problems with Definition of “foreseeable “ and “unavoidable”

• Standards 3.05 and 3.06: Multiple Relations and Conflict of Interest

• Standard 3.10 : Informed Consent : Ethical and Legal• Standard 4.01 : Confidentiality and Disclosure• Standard 5.01 Advertising: Avoidance of Deception: Special

Problems in Forensic Practice• Qualified Immunity( Expert Testimony) and Defamation of

Character.• Standard 5.04:Media Presentations : High Profile Cases

APA : Continued

• Assessment: Standard 9.01: Bases for Assessment, Personal Examination, Qualification of Opinions

• Standard 9.02: Validity and Reliability of Assessment Instruments

• Standard 9.04 and 9.11 : Release of Raw Data• Standard 9.05 and 9.06 : Test Construction and

Interpretation• Standard 9.10 Test Feedback: Special Issues in

Forensic Practice

Forensic Specialty Guidelines : Additional Issues

• Passed August 2011: APA Council• Applicability : Definable Foreknowledge• Aspirational• Competence : Affirmative Obligation:

Boundaries of Competence, Relevance of Background to Specific Issues, Limits of Psychological Knowledge

SGFP : Continued

• Understanding legal and Professional Standards• Understanding Rights of the Examinee• Fees, Letters of Protection, Fee Negotiation• Competence to Consent to Evaluation• Role Conflicts• Opinions Regarding those not Examined• Legally Relevant Factors• Special Constraints in Assessment• Public Statements

Standard of Care

• Standard of Care : Defintions• Relevance to Licensure and Malpractice Issues• Need for Well Defined Standards of Care :

Controversies• Colleagues Who Misuse the Concept• What is an Average Professional?• What is a Community Standard?• Comprehensive Assessments: Third Party

Information: Hearsay Issues

Further Issues

• Records : Protection in Malpractice actions• One Record or Two?• HIPAA• Progress and Process Notes• Lozano v. Bean-Bayog