ETHICAL AND LEGAL ISSUES CHAPTER 15 Copyright 2014

ETHICAL AND LEGAL ISSUES CHAPTER 15 Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

ETHICAL STANDARDS Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

APA ETHICS CODE • • • Resolving ethical issues Competence Human relations Privacy and confidentiality Advertising and other public statements Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

APA ETHICS CODE • • • Record keeping and fees Education and training Research and publication Assessment Therapy Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

COMPETENCE • Psychologists have the competence to: • Assess, conceptualize, provide interventions for clients • • Expert testimony Evaluations in child protection Guardian ad litem Guidelines Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

INFORMED CONSENT • Clinicians should provide clients with a written statement Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

CONFIDENTIALITY • • • Privileged communication Exceptions to confidentiality Limits in cases involving abuse Purpose of mandated reporting Duty to warn (or otherwise protect) Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

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 Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

RECORD KEEPING • Health Insurance Portability and Accountability Act of 1996 • Title I of HIPAA • Title II Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

ETHICAL AND LEGAL ISSUES IN PROVIDING SERVICES Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

COMMITMENT OF CLIENTS • Commitment: An emergency procedure for involuntary psychiatric hospitalization • Parens patriae • Assisted outpatient treatment Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

RIGHT TO TREATMENT • Legal right of person entering psychiatric hospital to receive appropriate care • Related right is that of liberty and safety Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

REFUSAL OF TREATMENT AND LEAST RESTRICTIVE ALTERNATIVE • Substituted judgment • Least restrictive alternative Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

FORENSIC ISSUES Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

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 Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

COMPETENCY TO STAND TRIAL • Prediction by a mental health expert of the defendant’s: • Cognitive and emotional stability during the period of the trial Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

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 Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

CONCLUDING PERSPECTIVES • Mental health professionals playing an 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 Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.

• For more information on material covered in this chapter, visit our Web site: • http: //www. mhhe. com/whitbourne 7 eupdate Copyright © 2014 Mc. Graw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of Mc. Graw-Hill Education.