Informed consent: Too much of a good thing or not enough?

Informed consent is an essential aspect of the establishment of every professional relationship in which psychologists participate. When done effectively, it helps promote other individuals' autonomy, engages them in a collaborative process, and helps to reduce the likelihood of exploitation or harm, among a number of potential benefits. Yet, a number of challenges and dilemmas relevant to informed consent exist for psychologists. Three invited experts provide commentaries on issues raised, questions asked, and dilemmas posed that will, the authors hope, fully stimulate further consideration and discussion of these important issues. The commentaries also broaden the discussion of informed consent in all roles in which psychologists serve. Specific recommendations are made for practicing psychologists for the ethical and effective application of informed consent in their work. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Report of the Task Force on the Role of Psychology in the Criminal Justice System.

The American Psychological Association's Board of Social and Ethical Responsibility for Psychology (BSERP) commissioned a Task Force on the Role of Psychology in the Criminal Justice System to examine the ethical dilemmas faced by psychologists working with police, court, correctional, and juvenile justice agencies. In this final report, the task force makes 10 recommendations regarding the ethical practice of psychology in these areas. Both ethical issues that the criminal justice system creates for psychologists and those that psychologists create for the criminal justice system are addressed. Under the former are issues relating to the psychologist's loyalty (e.g., confidentiality) and competence (e.g., the effectiveness of services). The most controversial issue faced by the criminal justice system is the use of psychologists as decision makers in the confinement and release of individual offenders (e.g., indeterminate sentences). (61 ref) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Legal issues in the assessment and treatment of individuals with dual diagnoses.

The difficult legal, ethical, and professional issues confronting psychologists who work with people with dual diagnoses are discussed here. Applicable constitutional principles are outlined in the context of discussing the right to institutional services and to refuse treatment, statutes that go beyond constitutional protections are described, issues that people with dual diagnoses face in the criminal and civil justice systems are highlighted, and some recommendations that psychologists should consider when providing services to this population are offered. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Clarifying confidentiality with the ethical practice model.

Replies to comments (see record 2008-14338-012) on the author's original article Protecting confidentiality rights: The need for an ethical practice model (see record 2007-19520-001). The important issues raised by Pipes, Blevens, and Kluck illustrate the complications that can arise in discussing confidentiality and making decisions about it: First, they noted that the term client consent is used by psychologists to mean two quite different things about confidentiality: (a) acknowledgement of its limits and (b) consent to disclose specific information. Second, Pipes et al made several comments about laws, one of which referred to Behnke's (2004) "doors" model. Third, Pipes et al elicited my personal thoughts about the current APA Ethics Code (APA, 2002). Finally, Pipes et al expect the ethical practice model to be used in psychology training programs. The current author hopes it will provide the next generation of psychologists with a clear ethical framework for considering confidentiality issues. Meanwhile, as in this exchange, it can facilitate conversation among colleagues not only about ethical and legal questions but also about cultural issues, personal values, and professional standards that affect our approach to confidentiality. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Believability of expert and lay witnesses: Implications for trial consultation.

Attorneys are often skeptical, with good reason, about the extent to which research findings and psychological principles may apply to the members of their jury pool. It is important for attorneys as well as psychologists who provide consultation services to have access to base-rate opinions about the consultation issues. This article reports the results of a statewide telephone survey of 488 adult residents who answered questions about the believability of expert witnesses and criminal defendants who testify. The survey questions were designed to provide "local" base-rate data about issues that arise in 3 areas of consultation work with attorneys: public perceptions of witness preparation with criminal defendants, expectations of criminal defendant demeanor, and judgments with respect to expert-witness characteristics that might be associated with being a "hired gun." Implications for psychologists who work as trial consultants and expert witnesses are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Psychologists and public information.

The 1st peace group, inspired by Otto Klineberg and organized by Stanley Zuckerman in 1961, now called the "Social Scientists for Peace," had as its purpose the application of psychological knowledge to such urgent issues as war hysteria, cessations of nuclear tests, disarmament, and fall-out shelters. Activities of various groups of psychologists concerning such social endeavors are cited. 2 questions, "Should psychologists participate in demonstrations and similar activities?" and "Should psychologists be doing research rather than engaging in social action and public education?" are discussed. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Review of Introduction to psychology and law: Canadian perspectives.

Reviews the book, Introduction to psychology and law: Canadian perspectives by Regina A. Schuller and James R. P. Ogloff (see record 2001-06385-000). The book begins with an introduction by the editors underscoring the breadth of applications of psychology in legal forums and describing the well-known history of this field, along with the inevitable tension that exists between the disciplines of psychology and law. Standard ethical issues facing psychologists in this intersection are also explored. The introduction is followed by a chapter by Gordon Rose, which gives a ready overview of the Canadian legal system and typical procedures in criminal and civil actions. This information is an essential foundation for understanding the environment into which psychology must fit. The subsequent 12 chapters are collected in three sections relating to criminal procedure, forensic clinical psychology, and forensic civil psychology. Most chapters begin with a Canadian case vignette and conclude with four discussion questions that arise from the chapter material. These questions will be very useful as a regular component of class participation. This book presents a balanced balanced mix of experimental and clinical psychological information to be applied to the law covered by the text. With few exceptions, such as in the case of young offenders issues, the range of topics covered is adequate. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Considerations for ethical practice in managed care.

How does one maintain an ethical practice while facing the requirements and limits of a health care system that is dominated by managed care? Psychologists are increasingly raising such questions about ethical issues when working in or contracting with managed care organizations. The authors review the process involved in ethical decision making and problem solving and focus on 4 areas in which ethical dilemmas most commonly arise in a managed care context: informed consent, confidentiality, abandonment, and utilization management-utilization review. The need for sustained and organized advocacy efforts to ensure patient access to quality health care is discussed, as is the impact of managed care's competitive marketplace on professional relationships. Hypothetical examples of typical dilemmas psychologists face in the current practice environment are provided to illustrate systematic ethical decision making. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Empirical studies of ethical issues in research: A research agenda.

Although the development of ethical principles is normative in nature, empirical investigation can play an important role in the development of principles and standards. Assumptions underlying the development of principles (e.g., the competency of certain populations to consent to research) can be examined through empirical investigation and thereby have an impact on the actual standards developed. The empirical study of ethical issues in research and application of psychological findings to this area have been neglected by psychologists. To focus attention on the usefulness of and need for empirical studies on ethical issues in research, the American Psychological Association Committee for the Protection of Human Participants in Research convened a symposium in March 1986. A major goal of the symposium was to identify areas of research ethics in which psychological studies would be available and would serve to promote development of more informed public policy and ethical standards. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Clinical-supervision.com: Issues in the provision of online supervision.

Advanced media technology, including videoconferencing and the Internet, provides psychologists with increasing opportunities to offer and supervise psychological services. This article describes practical and ethical issues (e.g., confidentiality, informed consent, licensing, and relationship) involved in the use of online services for supervision. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

The ethics of psychology as a business: What is a fair return?

Addresses the ethical issues associated with establishing a fee structure in private practice based on current trends in Canadian psychology and the existing ethical codes and standards for Canadian psychologists. A number of forces impacting on the delivery and nature of psychological service in Canada are reviewed followed by a critique of relevant codes and standards. Recommendations for establishing a fee structure in private practice are provided based on the critique, alternative ethical codes, and existing literature. It is suggested that when economic necessity forces Canadian psychologists to turn to private practice as their primary source of income, potential conflict between self interest and public interest may arise. Exploration of this conflict raises many unanswered questions regarding the combination of business ethics with the ethics of psychology. To answer these questions and help resolve potential ethical conflicts, further examination and discussion amongst psychologists and their professional associations is recommended. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical dilemmas in police psychology.

A body of police psychologists was surveyed with regard to the ethical dilemmas that they experienced in providing psychological services to law enforcement organizations. A majority (55%) of the respondents reported that they had encountered an ethical conflict. The most common ethical dilemmas were related to issues of confidentiality, conflicts between the ethical standards of the psychologist and the needs of the agency, and dual relationships. In this article these areas of concern are explored, and suggestions to help resolve these issues are offered. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Clinical competence for practicing psychologists: Clearly a work in progress.

Competence is an issue of vital importance for all practicing psychologists, and each spends his or her career seeking to develop it, achieve it, maintain it, and enhance it. But just what is competence, how is it best achieved, what are the factors that may adversely impact it, and what are each psychologist's ethical obligations with regard to clinical competence? These and other relevant questions are addressed for psychologists individually, for those who train them, and for those in the profession who establish professional standards. The article and 3 invited expert commentaries address these issues and make practical recommendations for action that will assist psychologists, trainers, and the profession to better achieve the ideal of competence so that they may best be able to meet the needs of those they serve. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Behavioral "Medicine" and the Collaboration Model of Knapp and Vandecreek.

Knapp and Vandecreek's (1981) article provided a helpful outline of some ethical and legal considerations of the health psychologist. Their recommendations regarding "physician collaboration" (p. 679) in the psychological management of physiological health concerns lead to practical problems that require further ethical and legal inquiry. Some concerns arising from efforts to apply the collaboration model are considered here: interaction with physicians who are minimally sophisticated about the psychological aspects of illness; collaboration with physicians who routinely equate patient's health psychology concerns only with emotional disorder and consign these individuals to the psychologist; and whether health psychologists can select an accurate diagnosis for conditions that are not psychological in nature. Health psychologists may ultimately resolve these issues as the professional identity of behavioral "medicine" and its practitioners develops. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Practical and ethical issues pertaining to test revisions.

Revisions of clinical psychological tests are occurring at more frequent intervals than in the past. These revisions involve such practical issues as the goals of the revision, the economic considerations relating to the revision, the methodology of the revision, and the degree to which the revision meets the available scientific and ethical standards governing the use of these tests in individual assessment. A tension between practical and ethical issues in the test revision process is inevitable and demands the best of psychologists in their decision making. Test developers, psychologists, patients, and consumers of the test interpretations and recommendations have legitimate interests and a stake in seeing that test revisions are applied with maximal effectiveness and fairness in the broadest sense. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Adjusting IQ scores for the Flynn effect: Consistent with the standard of practice?

Should psychologists adjust obtained IQ scores to accommodate the Flynn effect (J. R. Flynn, 1985)? The authors surveyed directors of doctoral training programs approved by the American Psychological Association and board-certified school psychologists and completed a systematic review of IQ test manuals, contemporary textbooks on IQ testing, federally regulated IQ testing protocols, and various sources of legal and ethical guidance. They confirmed in each instance that such adjustments to IQ scores do not comport with prevailing standards of psychological practice. Results of IQ testing may be applied to a broad range of psycholegal issues, many of which cannot be anticipated. Psychologists assist examinees, courts, and other 3rd parties most effectively by administering and interpreting IQ tests in their intended fashion. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Legal and ethical issues concerning children's rights of consent.

Examines children's rights under the Charter, the law of consent, and the ethics associated with the consent to treatment issue. Consistent with the Charter, the common law recognizes the right of competent minors to consent on their own behalf. Decisions regarding competence to consent are made on the basis of cognitive capacity, and not age. In contrast, consent legislation is largely silent on the question of capacity and instead specifies arbitrary ages at which minors may consent. Variation exists across provinces both in the legal age of consent and in the extent to which common law principles are reflected in consent legislation. In the absence of relevant consent legislation, psychologists have both a legal and an ethical responsibility to determine their minor clients' capacity to consent. (French abstract) (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Accepting forensic case referrals: Ethical and professional considerations.

As psychologists serve the legal system with increasing frequency, it is important to consider a number of critical issues at a case's inception, including the following: Who calls the psychologist? Who is the referral source? Who is the attorney? Who are the various parties involved in the case? What are the facts of the case? Does the psychologist have the expertise to clarify and develop technical issues of the case? Will the psychologist be expected to play an expert role or a consultant role? Who pays the psychologist? How are fees determined? What records should be kept? Answering these questions will help the psychologist avoid ethical, legal, and professional dilemmas and will allow the psychologist to perform an important service in helping the court to understand technical issues in reaching just decisions. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Commentaries on the ethical and effective practice of clinical supervision.

Every psychologist participates in clinical supervision during various aspects of his or her training. Many psychologists also provide supervision to less experienced colleagues and to those in training. But what makes for an effective and competent supervisor? Psychologists need to know because substandard or ineffective clinical supervision may have far-reaching consequences for the developing professional and for those he or she treats. This contribution provides key information on clinical supervision and related competence issues. A number of questions are raised that must be addressed by individual psychologists and the profession alike. Then, 3 invited expert commentaries are offered to address these issues, further this important discussion, and attempt to answer the challenging questions raised. Attention to the issues raised and recommendations made will hopefully lead to enhanced clinical competence and effectiveness by clinical supervisors. (PsycINFO Database Record (c) 2010 APA, all rights reserved)