Week 8 ethics 6 slides per page.pdf

28/08/2023 PSYU-X3399 Psychological Science: Putting Theory Into Practice Macquarie copyright statement This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macqua...

28/08/2023 PSYU-X3399 Psychological Science: Putting Theory Into Practice Macquarie copyright statement This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission. NATIONAL STANDARDS AND CODES OF ETHICAL CONDUCT Wayne Warburton 1 2 National Practice Standards Ethical Conduct • For Psychologists the discipline-specific documents that may apply include the Australian Psychological Society's • Code of Ethics • Ethical and Practice Guidelines and Procedures • More broadly there are other standards that apply to psychologists, including the National Practice Standards for the Mental Health Workforce, the Mental Health Act and other relevant laws. 3 • National Practice Standards for the Mental Health Workforce (13) • APS code of ethical conduct (Also Registration Board) • Links are in the unit handbook and Leganto 4 National Practice Standards National Practice Standards Standard 2: Working with people, families and carers in recovery-focused way Standard 1: Rights and responsibilities, safety and privacy • Privacy, dignity and confidentiality are This material is provided to you as a promoted. maintained, and safety is actively Macquarie• Mental University student for your health practitioners implement legislation, regulations, standards, individual research and study purposes codes only. and policies relevant to their role in a way that You cannot supports share this material people affectedpublicly by mental health problems and/or mental illness, as well as online without permission. Macquarie their families and carers. University is the copyright owner of (or has licence 5to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission • In working with people and their families and support networks, mental health practitioners support people to become decision-makers in their own care, implementing the principles of recovery-oriented mental health practice. 6 1 28/08/2023 National Practice Standards National Practice Standards Standard 4: Working with Aboriginal and Torres Strait Islander people, families and communities • By working with Aboriginal and Torres Strait Islander peoples, families and communities, mental health practitioners actively and respectfully reduce barriers to access, provide culturally secure systems of care, and improve social and emotional wellbeing. Standard 3: Meeting diverse needs • The social, cultural, linguistic, spiritual and gender diversity of people, families and carers are actively and respectfully responded to by mental health practitioners, incorporating those differences into their practice. 7 8 National Practice Standards National Practice Standards Standard 6: Individual planning Standard 5: Access • To meet the needs, goals and aspirations of people and their families and carers, mental health practitioners facilitate access to and plan quality, evidence-based, values-based health and social care interventions. • Mental health practitioners facilitate timely access to services and provide a high standard of evidence-based assessment that meets the needs of people and their families or carers. 9 10 National Practice Standards Standard 7: Treatment and support • To meet the needs, goals and aspirations of people and their families and carers, This material is provided to you as a mental health practitioners deliver quality, Macquarie evidence-informed University student for and yoursocial health interventions. individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence 11 to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission National Practice Standards • Standard 8: Transitions in care • On exit from a service or transfer of care, people are actively supported by mental health practitioners through a timely, relevant and structured handover, in order to maximise optimal outcomes and promote wellness. 12 2 28/08/2023 National Practice Standards National Practice Standards Standard 9: Integration and partnership • People and their families and carers are recognised by mental health practitioners as being part of a wider community, and mental health services are viewed as one element in a wider service network. • Practitioners support the provision of coordinated and integrated care across programs, sites and services. Standard 10: Quality improvement 13 • In collaboration with people with lived experience, families and team members, mental health practitioners take active steps to improve services and mental health practices using quality improvement frameworks. 14 National Practice Standards National Practice Standards Standard 11: Communication and information management • A connection and rapport with people with lived experience and colleagues is established by mental health practitioners to build and support effective therapeutic and professional relationships. • Practioners maintain a high standard of documentation and use information systems and evaluation to ensure data collection meets clinical, service delivery, monitoring and evaluation needs. 15 Standard 12: Health promotion and prevention • Mental health promotion is an integral part of all mental health work. Mental health practitioners use mental health promotion and primary prevention principles, and seek to build resilience in communities, groups and individuals, and prevent or reduce the impact of mental illness. 16 National Practice Standards APS Code of Ethics Standard 13: Ethical practice and professional responsibilities • Adopted September 2007 • Now adopted by Psychology Board of Australia • Used in conjunction with APS Ethical Guidelines document • Belonging to APS or becoming a registered psychologist (or intern) commits and binds that person to the code • The provision of treatment and care is accountable to people, families and carers, within the boundaries material is provided to professional, you as a legal and local prescribed by national, codes of conduct and practice. This Macquarie University student for your • Mental health practitioners recognise the rights of individual research and only. people, carers andstudy families,purposes acknowledging power differentials and minimising them whenever You cannot share this material publicly possible. • Practitioners take responsibility for maintaining and online without permission. Macquarie extending their professional knowledge and skills, including contributing to the learning of others. University is the copyright owner of (or has licence 17 to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission 18 3 28/08/2023 Some definitions Some definitions • Client means a party or parties to a psychological service involving • Conduct means any act or omission by psychologists: • that others may reasonably consider to be a psychological service; • outside their practice of psychology which casts doubt on their competence and ability to practise as psychologists; • outside their practice of psychology which harms public trust in the discipline or the profession of psychology; • in their capacity as Members of the Society; • as applicable in the circumstances. • teaching, supervision, research, and professional practice in psychology. • Clients may be individuals, couples, dyads, families, groups of people, • organisations, communities, facilitators, sponsors, or those commissioning • or paying for the professional activity. 19 20 Definitions Psychological service • Multiple relationships occur when a psychologist, rendering a psychological service to a client, also is or has been: • means any service provided by a psychologist to a client including but not limited to • • • • • • • • • (a) in a non-professional relationship with the same client; • (b) in a different professional relationship with the same client; • (c) in a non-professional relationship with an associated party; or • (d) a recipient of a service provided by the same client. 21 professional activities, psychological activities, professional practice, teaching, supervision, research practice, professional services, and psychological procedures. 22 General Principle A: Respect for the rights & dignity of people & peoples General Principle A • Psychologists regard people as intrinsically valuable and respect their rights, including the right to autonomy and justice. This material is providedengage to youinas a • Psychologists conduct which equity and the Macquarie promotes University student forprotection your of people’s human rights, legal rights, and individual research and study purposes only. moral rights. You cannot• They sharerespect this material the dignitypublicly of all people and peoples. online without permission. Macquarie University is the copyright owner of (or has licence 23 to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission • A1 – Justice – psychologists should not engage in any form of discrimination; • A2 – Respect • For clients: no behaviours that could be perceived as coercive or demeaning • Respects legal & moral rights of others • Toward other colleagues: respectful, professional, confidential, respect proprietary rights. 24 4 28/08/2023 General Principle A General Principle A • A3 Informed Consent • A4 Privacy • Fully inform clients regarding psychological services they intend to provide • Use plain language • Provides practical guidelines for how a psychologist can ensure consent is informed • Guidelines for when clients do not have the capacity to consent 25 • No undue invasion of privacy • Collect only relevant information • No personal information from supervisees or trainees (some exceptions) • A5 Confidentiality • Take into account legal and organisational requirements 26 General Principle A General Principle A • A5 Confidentiality • Psychologists safeguard the confidentiality of information obtained during their provision of psychological services. • Considering their legal and organisational requirements, psychologists: • A5 Confidentiality • Considering their legal and organisational requirements, psychologists: • (b) take reasonable steps to protect the confidentiality of information after they leave a specific work setting, or cease to provide psychological services. • (a) make provisions for maintaining confidentiality in the collection, recording, accessing, storage, dissemination, and disposal of information; and 27 28 General Principle A General Principle A • A 5.2 Disclosure • Psychologists inform clients at the outset of the professional relationship, and as regularly thereafter as is reasonably necessary, of the: • (a) limits to confidentiality; and • (b) foreseeable uses of the information generated in the course of the relationship. • With consent of client • When legally obliged • Immediate, specified risk of harm to an This material is provided to you as a identifiable person or persons that can ONLY Macquarie University student for your be averted by disclosure • When consulting colleagues or in professional individual research and study purposes only. supervision or training BUT MUST conceal You cannot share material identitythis of client or get publicly consent. Recipients of knowledge must agree to confidentiality online without permission. Macquarie University is the copyright owner of (or has licence 29 to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission 30 5 28/08/2023 General Principle A General Principle A • When a standard of this Code allows psychologists to disclose information obtained in the course of the provision of psychological services, they disclose only that information which is necessary to achieve the purpose of the disclosure, and then only to people required to have that information. • A.6. Release of information to clients • Psychologists, with consideration of legislative exceptions and their organisational requirements, do not refuse any reasonable request from clients, or former clients, to access client information, for which the psychologists have professional responsibility. 31 32 General Principle A General Principle B: Propriety • A.7. Collection of client information from associated parties • B.1 Competence • B.1.1. Psychologists bring and maintain appropriate skills and learning to their areas of professional practice. • B.1.2 Practice within boundaries of professional competence and jurisdiction of practice • B.1.3 Professional supervision & consultation • B.1.4 Self monitor professional functioning • Consent of client or their legal representative • Psychologists who work with clients whose capacity to give informed consent is, or may be, impaired or limited, obtain the informed consent of people with legal authority to act on behalf of the client, and attempt to obtain the client’s consent as far as practically possible. • Guidelines for how to prepare for and proceed with information collection. 33 34 General Principle B: Propriety General Principle B: Propriety • B.3 Professional responsibility • B.2 Record keeping • Psychologists provide psychological services in a responsible manner. Having regard to the nature of the psychological services they are providing, psychologists: • (a) act with the care and skill expected of a competent psychologist; • (b) take responsibility for the reasonably foreseeable consequences of their conduct; • Adequate records • Keep for 7 yearsto you as a This material is provided • For clients under 18 keep records till they Macquarie University student for your are 25 individual research and study purposes • Clients and former clients have theonly. right to amend inaccurate information in their You cannot share this material publicly records. online without permission. Macquarie University is the copyright owner of (or has licence 35 to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission 36 6 28/08/2023 General Principle B: Propriety General Principle B: Propriety • B.4: Provision of psychological services at the request of a third party • B.3 Professional responsibility • (c) take reasonable steps to prevent harm occurring as a result of their conduct; • (d) provide a psychological service only for the period when those services are necessary to the client; • (e) are personally responsible for the professional decisions they make; • Plus more 37 • Psychologists who agree to provide psychological services to an individual, group of people, system, community or organisation at the request of a third party, at the outset explain to all parties concerned: • (a) the nature of the relationship with each of them; 38 General Principle B: Propriety • B.4: Provision of psychological services at the request of a third party General Principle B: Propriety • B.5. Provision of psychological services to multiple clients • (a) explain to each client the limits to confidentiality in advance; • (b) give clients an opportunity to consider the limitations of the situation; • (c) obtain clients’ explicit acceptance of these limitations; and • (d) ensure as far as possible, that no client is coerced to accept these limitations. • (b) the psychologist’s role (such as, but not limited to, case manager, consultant, counsellor, expert witness, facilitator, forensic assessor, supervisor, teacher/educator, therapist); • (c) the probable uses of the information obtained; • (d) the limits to confidentiality; and • (e) the financial arrangements relating to the provision of the service where relevant. 39 40 General Principle B: Propriety General Principle B: Propriety • B.7 Use of interpreters • B.8 Collaborating with others for the benefit of clients • B.6. Delegation of professional tasks • Delegates must have read code • Ensure no multiple relationships This material is provided to you as a between delegates and clients Macquarie •University your Assess risk student of harm tofor clients bt delegation individual research purposes only. • Delegateand muststudy be competent Oversee delegates to ensure that they You cannot•share this material publicly perform tasks competently. online without permission. Macquarie University is the copyright owner of (or has licence 41 to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission • Cooperate with other professionals where appropriate and necessary to provide effectual service to clients • Offer second opinions • B.9 Accepting clients of other professionals • B.10 Suspension of psychological services 42 7 28/08/2023 General Principle B: Propriety General Principle B: Propriety • B.12 Conflicting demands between organisation and code • B.11. Termination of psychological services • Guidelines for resolution of this situation • Client no longer benefiting from services • Well-being of client is paramount • Reasonable arrangements for the continuity of service provision when no longer able to deliver the psychological service • When client needs greater expertise than you can provide 43 • B.13 Psychological assessment • Use quality instruments/measures • Understand and make clear to clients the limitations of the measures/techniques • Score and report accurately • Do not compromise tests or make public 44 General Principle B: Propriety General Principle C: Integrity • B.14 Research • Comply with NH&MRC, ARC, Universities Australia research codes, statements, guidelines and other directives; • Make data available on request; • Report data accurately; • State previous publication of any data clearly • C.1 Reputable behaviour 45 • Don’t bring self into disrepute • Don’t bring profession into disrepute • C.2 Communication • • • • Honesty Correct any misrepresentations/misconceptions Guidelines for advertising Accurately portray professional qualification 46 General Principle C: Integrity General Principle C: Integrity • C.3 Conflict of interest • C. 4 Non-exploitation • Avoid multiple relationships that impair professional practice, could harm clients or lead exploitation; This materialtoistheir provided to you as a Seek advice from senior psychologist if unsure Macquarie •University student for your • If multiple relationships are unavoidable, individual research and study purposes carefully follow all informed consent only. guidelines at A.3 You cannot share this material publicly • Declare to clients any vested interests in the online without permission. Macquarie psychological services they deliver University is the copyright owner of (or has licence 47 to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission • C.4.1. Psychologists do not exploit people with whom they have or had a professional relationship. • C.4.2. Psychologists do not exploit their relationships with their assistants, employees, colleagues or supervisees. 48 8 28/08/2023 General Principle C: Integrity General Principle C: Integrity • Psychologists: • Psychologists: • (c) who wish to engage in sexual activity with former clients after a period of two years from the termination of the service, first explore with a senior psychologist the possibility that the former client may be vulnerable and at risk of exploitation, and encourage the former client to seek independent counselling on the matter; and • (d) do not accept as a client a person with whom they have engaged in sexual activity. • (a) do not engage in sexual activity with a client or anybody who is closely related to one of their clients; • (b) do not engage in sexual activity with a former client, or anybody who is closely related to one of their former clients, within two years after terminating the professional relationship with the former client; 49 50 Extreme Boundary Violations Extreme Boundary Violations Sexual contact with clients • Probably the most damaging boundary violation • Is never permissible in the client’s life time for psychotherapists • As with APS may be permissible 2 years after the termination of treatment by some other standards (e.g., the American Psychological Association etc.) Sexual contact with clients Clients who are having sexual relations with their counsellor often feel/experience: • Ambivalence toward their counsellor • Guilt • Isolated • Empty • Have thought disturbances, disturbances to cognitive functions 51 52 Extreme Boundary Violations Extreme Boundary Violations • Typically, a counsellor who has a sexual boundary violation with a client will be: • Male and Middle aged • Professionally isolated • Suffering from personal distress or having a ‘mid life crisis’ • Having marital problems • Will typically expose / self-disclose their own problems to younger, female clients, making themselves vulnerable and gaining the sympathy of the client. Sexual contact with clients Clients who are having sexual relations with their counsellor often feel/experience: This material• Identity is provided to you as a disturbances • Loss of trust Macquarie University student for your • Sexual and confusion individual research study purposes only. • Unstable mood You cannot share this material publicly • Suppressed rage online without permission. Macquarie • Are at greatly increased suicide risk. University is the copyright owner of (or has licence 53 to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission 54 9 28/08/2023 General Principle C: Integrity General Principle C: Integrity • C.6 Financial arrangements • C.5 Authorship • • • • • Honest • Clear • Safeguard the best interests of, and are clearly understood, by all parties • avoid financial arrangements which may adversely influence the psychological services provided • No money charged for referrals Discuss early Assigned according to contribution Student’s rights Consent of contributors 55 56 General Principle C: Integrity General Principle C: Integrity • (b) encourage people directly affected by such behaviour to report the conduct to a relevant regulatory body or the Ethics Committee of the Society; or • (c) report the conduct to a relevant regulatory body or the Ethics Committee of the Society. • Ethics investigations and concerns • Cooperate with any investigations • If you suspect a colleague of misconduct • where appropriate, draw the attention of the psychologist whose conduct is in question directly, or indirectly through a senior psychologist, to the actions that are thought to be in breach of the Code and cite the section of the Code which may have been breached 57 • Psychologists do not lodge, or endorse the lodging, of trivial, vexatious or unsubstantiated ethical complaints against colleagues. 58 A final word Appendices • Appendices List APS guidelines publications This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence 59 to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission • This part of the lecture series is likely to be strongly examined in the final exam • This is because it is very important in professional practice to understand the codes of ethical conduct that you are undertaking to adopt when you join a profession. • Not knowing the rules is never accepted as an excuse for professional misconduct 60 10 28/08/2023 Thanks everyone! 61 This material is provided to you as a Macquarie University student for your individual research and study purposes only. You cannot share this material publicly online without permission. Macquarie University is the copyright owner of (or has licence to use) the intellectual property in this material. Legal and/or disciplinary actions may be taken if this material is shared without the University’s written permission 11