1. 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.

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

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

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

15. 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.

16. 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.

17. 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.

18. 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.

19. For more information on material covered in this chapter, visit our Web site: http://www.mhhe.com/whitbourne7eupdate Copyright © 2014 McGraw-Hill Education. All rights reserved. No reproduction or distribution without the prior written consent of McGraw-Hill Education.