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

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

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

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

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

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

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

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

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

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

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