New Developments in Ethics and the Law David L.Shapiro Ph.D.

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Presentation transcript:

New Developments in Ethics and the Law David L.Shapiro Ph.D

APA Ethics Code Differences : 1992 and 2002 Differences 2002 and 2010 Issues Regarding Documentation Issues Regarding Civil Liability and the Standard of Care Issues Regarding Use of the Term “Reasonable”

APA Ethics Code : Specific Issues Standard 1.01:Misuse of Work: Additional Constraints Standard 1.02 and 1.03: Conflict of Ethics and the Law: Legal Discovery, Concerns about Torture Standards 1.04 and 1.05: Resolution of Ethical Issues: Tampering, Fraudulent Complaints

APA Continued: Competence Standard 2.01: Parallel to Federal Rules of Evidence Problems with New Areas Knowledge of the Law Standard 2.05 : Delegation of Work : Problems Regarding Authority and Supervision

APA: Continued Standard 3.04: Avoiding Harm: Problems with Definition of “foreseeable “ and “unavoidable” Standards 3.05 and 3.06: Multiple Relations and Conflict of Interest Standard 3.10 : Informed Consent : Ethical and Legal Standard 4.01 : Confidentiality and Disclosure Standard 5.01 Advertising: Avoidance of Deception: Special Problems in Forensic Practice Qualified Immunity( Expert Testimony) and Defamation of Character. Standard 5.04:Media Presentations : High Profile Cases

APA : Continued Assessment: Standard 9.01: Bases for Assessment, Personal Examination, Qualification of Opinions Standard 9.02: Validity and Reliability of Assessment Instruments Standard 9.04 and 9.11 : Release of Raw Data Standard 9.05 and 9.06 : Test Construction and Interpretation Standard 9.10 Test Feedback: Special Issues in Forensic Practice

Forensic Specialty Guidelines : Additional Issues Passed August 2011: APA Council Applicability : Definable Foreknowledge Aspirational Competence : Affirmative Obligation: Boundaries of Competence, Relevance of Background to Specific Issues, Limits of Psychological Knowledge

SGFP : Continued Understanding legal and Professional Standards Understanding Rights of the Examinee Fees, Letters of Protection, Fee Negotiation Competence to Consent to Evaluation Role Conflicts Opinions Regarding those not Examined Legally Relevant Factors Special Constraints in Assessment Public Statements

Standard of Care Standard of Care : Defintions Relevance to Licensure and Malpractice Issues Need for Well Defined Standards of Care : Controversies Colleagues Who Misuse the Concept What is an Average Professional? What is a Community Standard? Comprehensive Assessments: Third Party Information: Hearsay Issues

Further Issues Records : Protection in Malpractice actions One Record or Two? HIPAA Progress and Process Notes Lozano v. Bean-Bayog