Ethical and legal issues in professional practice transitions.

Transitions such as opening, growing, closing, or relocating a professional practice raise a host of challenging legal and ethical questions. Practitioners must consider a range of issues related to client welfare, records management, professional liability, and relationships with colleagues. Some of the issues include obligations and options when closing or selling a practice, opening a practice in a new community, and altering the nature of an existing practice by adding or shedding participating practitioners. A checklist of issues to consider is provided. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical and malpractice issues in hospital practice.

Ethical and malpractice issues arising in hospital practice are reviewed. Topics include (a) preparation and authorization to carry out clinical responsibilities, (b) personnel procedures, (c) financial and political forces influencing hospital policies, (d) billing procedures, (e) clinical procedures for responding to patients' needs, (f) confidentiality, (g) discrimination, (h) internship and training issues, (i) sexual abuse of patients, and (j) staff conflicts influencing patient care. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical issues in rural mental health practice.

Argues that the unique characteristics of rural environments for mental health practice create potential ethical dilemmas for practitioners, including confidentiality, limits of competence, and multiple levels of relationships. These issues make practice in rural areas difficult, but close attention to the American Psychological Association's ethical principles and rural environments themselves reveals positive suggestions for solutions (e.g., the rural practitioner should examine the resources of the rural environment for solutions to problems that result from that environment). (13 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical issues in the practice of child psychotherapy.

Reviews literature relevant to the ethics of child psychotherapy, paying particular attention to the setting of the community mental health center. It is felt that the American Psychological Association's (1977) Ethical Standards of Psychologists, if applied to children, does more to create ambiguity than to answer questions. Although in the past, the right of informed consent pertaining to confidentiality, testing and diagnosis, and treatment have often been denied to children, current legal and ethical trends seem to grant greater rights to children in these areas. It is suggested that the role of the child psychotherapist should be expanded to include not only the practice of traditional child psychotherapy but also the roles of child advocate, information provider to children and the community, social/political/legal change agent, and researcher. An advisory committee with responsibility to deal with ethical dilemmas is supported. (23 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical issues and cases in the practice of personnel psychology.

We explore ethical concerns in personnel psychology. We review the relationship of ethics to changes in the dominant views in the philosophy of science, especially the movement from a logical positivist view of ethics to a normative one. We highlight Kantian ethics as the integrating principle relating to five seemingly disparate ethical principles of the American Psychological Association (APA). These five ethical principles are presented in the context of five ethics cases. In addition to the applicability of the APA ethical code, the need for personnel psychologists to be more attentive to their ethical responsibilities as psychologists is discussed, along with the need to raise ethical consciousness among all personnel psychologists. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical and legal aspects of assisted reproduction practice in Asia

This report describes the ethical and legal aspects of assisted reproduction technology (ART) that have been instituted in Asian countries. The data were collected by a questionnaire circulated to ART units in Asia. These are Taiwan, Singapore, Korea, Indonesia, Thailand, Japan, Iran, India, Jordan, Malaysia, China, Israel, Hong Kong, Pakistan, Lebanon, Saudi Arabia, and Persian Gulf countries. According to the survey, there are approximately 260 ART centers in Asia (half of which are in Japan). On a global basis each ART centre in Asia serves an average population of 13 million people. On the other hand, in those Asian countries where the standards of living are relatively high, the availability of ART services, including the more sophisticated and costly ART procedures like micromanipulation, is similar to that in the Western world. In most of the Asian countries practising ART, however, no state registry exists. Taiwan is the only country that has specific legislation, and in six other countries some kind of ministerial regulations are practised. We conclude that ART is now practised in 20 countries in Asia. The prevailing rules and cultural heritage in many of these Asian countries has a major influence on the implementation of ART in Asia. However, in view of the complicated and sensitive issues involved, and as no supervision on ART clinics exists in most of the Asian countries, we advocate that some kind of quality control should be urgently instituted in all centres practising ART. In this way, it is hoped that the highest standards be attained for all parties concerned.     

Ethical and legal issues in professional psychology: Selected works, 1970–1981.

Presents a 171-item bibliography of the psychological and psychiatric literature dealing with legal and ethical issues. References are classified under the following topics: general issues, malpractice, patient rights, licensure and other legal issues, therapist sexuality, sexism and bias, and ethics in teaching and training. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical and legal issues in the procurement, storage and use of DNA

At the risk of ignoring the benefits, the problems of genetic testing have been widely discussed. Many clinical laboratories are archival stores for human tissues and very few have formal policies and procedures for the use of this material. There is little evidence of planning or preparation of appropriate protocols for the safekeeping of the collected clinical material. The process of informed consent needs to be re-examined. The standard of what would be expected by a reasonable and prudent person poses challenging questions relating to confidentiality and privacy, control and ownership of the stored tissue and cells, withdrawing from a research study, length of storage of samples, the use of biological materials by other parties, and the use of biological materials for purposes other than those for which they were first obtained. There also needs to be a clear understanding of identifiable, non-identifiable and anonymous samples. Clinical laboratory staff and their professional organisations need to engage in the discussion and development around the ethical, legal and social issues raised by testing human DNA. Clinical research laboratories will be increasingly involved in DNA testing and will be asked for access to stored blood or tissue. It is essential that professional responsibility is understood and is then exercised in the presence of appropriate policies and procedures. There is also a paramount need to involve the public who are already demonstrating evidence of alienation from the world occupied by genetics research.     

Ethical, social and legal issues in Huntington disease: the nurse's role

The nurse's role will be discussed in relation to the issues which may present as the result of our ability to use predictive tests for neurodegenerative disease. Huntington disease is an autosomal dominant inherited disease, characterised by emotional problems, abnormalities of movement and dementia. The disease is slowly progressive leading to a severely debilitated state and finally death in ten to twenty years. In 1983, DNA testing became available for persons at risk for Huntington disease and for confirmation of diagnosis for those showing symptoms. The availability of testing presents many ethical, social and legal issues for persons at risk, health care professionals and other segments of society. This paper will briefly review the genetic transmission and profession of Huntington disease. It will outline some of the benefits as well as some of the risks and problems DNA testing presents.     

Ethical issues in supervision.

Suggests the need for a review of current ethical standards regarding supervision of psychotherapists and presents alternative approaches to the supervisor–supervisee relationship. Group or vertical supervision (with peers and senior personnel) may reduce supervisee anxiety and provide more opportunities for objective support. Sharing supervisees may encourage supervisors to compare supervisory problems. (French abstract) (PsycINFO Database Record (c) 2011 APA, all rights reserved)     

Domestic violence: legal, practice, and educational issues

Domestic violence is a recognized and growing public health concern in the United States. Health care professionals have a duty to improve the identification of victims of domestic violence, intervene effectively, and advocate for better education to break the cycle of abuse.     

Client records: Ethical and legal considerations.

Examines the legal and ethical problems associated with keeping files on clients. The major focus is on the Canadian Code of Ethics for Psychologists (Canadian Psychological Association, 1988) and the implication of the Code for record keeping by psychologists. Content and types of records kept, including the use of computer assessments and files, are discussed, along with issues of ownership and use of files. Specific suggestions for record keeping, ensuring privacy of computer files, and maintaining record access and retention are made. (French abstract) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical and legal aspects of survey research.

Sample surveys have been received as legal evidence since 1940. Judges have given weight to sample survey research in reaching decisions. Among the problems involved is the legal pressure to disclose names of respondents—a violation of the principle of confidentiality and anonymity under which much survey research is conducted. "It is the purpose of the present paper to call to the attention of relevant professional associations the need for guidance on this ethical and legal issue." Under what conditions should names of respondents be disclosed? Major sections are: The scientist in court, The dilemma, Estimating reliability, A case study. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical and legal aspects of clinical supervision.

We review guidelines for providing supervision for trainees and employees, an expected part of the job for many psychologists, many of whom carry out their supervisory duties with only a cursory awareness of the ethical and legal pitfalls that may accrue. The guidelines are drawn from ethical principles, other documents promulgated by various sectors of professional psychology, and relevant legal cases. Specific suggestions are given for supervisors and training institutions to ensure appropriate supervision. The incorporation of training in supervision in all doctoral programs in professional psychology is recommended. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical and clinical issues in involuntary psychotherapy.

Ethical and clinical issues related to psychotherapy with competent adults who have been ordered to treatment by the courts are considered. A paradigm of the psychotherapeutic relationship is postulated based on G. Kelly's (1963) "role relationship" and M. Buber's (1958) "I-Thou." The difficulties of developing such a relationship in the presence of coercion are examined, and approaches to addressing those difficulties are suggested. Implications for the role of the psychotherapist and the social role of psychotherapy as a system are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical and legal considerations in marital and family therapy.

Notes insufficiencies in the American Psychological Association's ethical standards for marriage and family therapy. Guidelines regarding therapist responsibility, confidentiality, and informed consent sometimes become ambiguous with individual clients, but they are even more complicated when multiple family members are seen together in therapy. Questions about confidentiality, refusal of treatment, and value of conflicts between the family members and the therapist may arise. Consideration of these questions in terms of their ethical implications is complex and controversial. Yet answers to these questions must also take into account clinical and legal considerations, which sometimes run a collision course with what is desirable from a strictly ethical standpoint. Examples and preliminary recommendations with respect to these issues are examined; further clarification of professional conduct in marital and family therapy is urged. (45 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Applying Tarasoff to AIDS-related psychotherapy issues.

This article provides a framework, based on the Tarasoff decision and its sequelae, for examining several confidentiality issues that may emerge in psychotherapy situations related to acquired immune deficiency syndrome (AIDS). Four Tarasoff issues (special therapeutic relationship, dangerousness, identifiable victim, therapist's action to detain and/or warn) are described and applied to therapy situations with clients who have AIDS or are positive for antibodies. Recommendations are provided for psychotherapists dealing with such confidentiality dilemmas. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical issues with special populations.

Argues that wise practice requires constant vigilance to avoid bias and abuse of special groups of clients. Dignity, justice, and respect for all consumers of psychological services are requirements of good ethical practice. Vulnerable groups may be prisoners, the mentally ill, women, the handicapped, children, the elderly, native and minority groups, and the economically or culturally deprived. Ethical issues and recommendations made in advocacy of these groups are briefly noted. (French summary) (PsycINFO Database Record (c) 2010 APA, all rights reserved)