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CHAPTER 15
ETHICAL AND LEGAL ISSUES
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ETHICAL STANDARDS
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APA ETHICS CODE
• Resolving ethical issues• Competence• Human relations• Privacy and confidentiality• Advertising and other public statements
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APA ETHICS CODE
• Record keeping and fees• Education and training• Research and publication• Assessment• Therapy
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COMPETENCE
• Psychologists have the competence to:• Assess, conceptualize, provide interventions for clients
• Expert testimony• Evaluations in child protection• Guardian ad litem• Guidelines
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INFORMED CONSENT
• Clinicians should provide clients with a written statement
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CONFIDENTIALITY
• Privileged communication• Exceptions to confidentiality• Limits in cases involving abuse • Purpose of mandated reporting• Duty to warn (or otherwise protect)
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RELATIONSHIPS WITH CLIENTS, STUDENTS,AND RESEARCH COLLABORATORS
• Multiple relationships
• Boundaries • Avoiding harm to others• Refraining from conflict of interest • Exploiting other people with whom they have a
professional relationship
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RECORD KEEPING
• Health Insurance Portability and Accountability Act of 1996• Title I of HIPAA• Title II
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ETHICAL AND LEGAL ISSUES IN PROVIDING SERVICES
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COMMITMENT OF CLIENTS
• Commitment: An emergency procedure for involuntary psychiatric hospitalization
• Parens patriae
• Assisted outpatient treatment
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RIGHT TO TREATMENT
• Legal right of person entering psychiatric hospital to receive appropriate care
• Related right is that of liberty and safety
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REFUSAL OF TREATMENT AND LEAST RESTRICTIVE ALTERNATIVE
• Substituted judgment• Least restrictive alternative
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FORENSICISSUES
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INSANITY DEFENSE
• Argument, presented by a lawyer acting on behalf of the client• Because of the existence of a mental disorder, the client
should not be held legally responsible for criminal actions
• M’Naghten Rule• Durham Rule• American Law Institute’s (ALI) guidelines• Insanity Defense Reform Act
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COMPETENCY TO STAND TRIAL
• Prediction by a mental health expert of the defendant’s:• Cognitive and emotional stability during the period of the
trial
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UNDERSTANDING THE PURPOSE OF PUNISHMENT
• Question of whether a mentally ill person who is convicted of a capital offense:• Is able to understand the nature and purpose of a death
sentence
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CONCLUDING PERSPECTIVES
• Mental health professionals playingan important role in the legal system:• Must familiarize themselves with an array of forensic
issues
• The intersection between psychology and law will continue to grow
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• http://www.mhhe.com/whitbourne7eupdate
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