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CHAPTER 6

COMPETENCE
Thomas F. Nagy

The work of psychologists embraces an increasingly patient discloses his intent to harm his former
diverse range of settings requiring education and manager at work who has recently terminated his
training to achieve proficiency. These areas include employment. In such situations, the psychologist
psychotherapy, school psychology, research, teach- normally would be required to break confidentiality
ing, clinical supervision, forensics, and industrial and notify the intended victim or the local police
and organizational consulting, to name a few. department to protect the patient from acting on his
Competence in any of these professional areas may hostile impulses. Failure to do so might constitute
be seen as an elastic concept, ranging from a mini- incompetence on the part of the treating therapist
mal level of capability to the expert level, and and could result in harm or injury to the identified
including mastery of both knowledge and skills third party and the patient as well.2
(Abeles, 1998). Defining, achieving, and maintain- The concept of competence not only includes
ing competence is the subject of this chapter.1 therapists or clinical supervisors, who provide ser-
Epstein and Hundert (2002) provided a comprehen- vices to clients and patients or consult with organiza-
sive definition of competence as the habitual and tions, but also extends to those who do research and
judicious use of communication, knowledge, techni- publish their results. The reporting and interpreting
cal skills, clinical reasoning, emotions, values, and of data has major implications for psychologists as
reflection in daily practice for the benefit of the indi- well as the general public. Incompetent research
vidual and community being served (p. 226). And resulting in errors or fabrications in published mate-
Epstein (2007) explained an important developmen- rials not only harms the knowledge base by imbuing
tal aspect of competence as being gained through it with inaccuracies, but also could have negative
deliberate practice and reflection on experience effects on othersfor example, psychologists who
(p. 388). By maintaining their competence, psychol- rely on current research in their daily work and the
ogists maximize the odds of making positive changes individuals and groups whom they serve.
in the lives of those with whom they interact and This chapter focuses on the concept of compe-
minimize the chances for harm (Nagy, 2011). An tence and how it applies in at least a fundamental
example of minimizing harm would be the psycho- way to the various roles played by psychologists.
therapist who fails to recognize the seriousness of a Other chapters in this book go into greater depth in
potentially dangerous situation and to take some many of the specific areas and roles that are intro-
preemptive actionsuch as when her depressed duced in this chapter. This chapter covers the moral

1
Some of the content for this chapter derives from the authors book Essential Ethics for Psychologists: Understanding and Mastering Core Issues (Nagy,
2011).
2
Individual states vary concerning laws relating to confidentiality and their exceptions and what steps psychologists must take when the threat of harm
to a third party is revealed to the treating therapist.

DOI: 10.1037/13271-006
APA Handbook of Ethics in Psychology: Vol. 1. Moral Foundations and Common Themes, S. J. Knapp (Editor-in-Chief)
147
Copyright 2012 by the American Psychological Association. All rights reserved.
Thomas F. Nagy

basis for competence, two general ethical principles Psychologists would do well to continually aim for
relating to competence, bias and prejudice, general morally meritorious and praiseworthy conduct
concepts about achieving and maintaining compe- rather than to focus their sights on simply avoiding
tence, therapy, assessment, clinical supervision, incompetence.
teaching, maintaining boundaries with patients, stu- This last category is largely the domain of the
dents, and trainees, research and publication, use of General Principles and addresses behavior best
technology and telehealth, transitioning to new described as supererogatory. The word supererogatory
areas of competence, and ethical transgressions derives from the Latin super-erogare (i.e., to pay out
exceeding ones competence comfort zone. over and above what is required) and refers to a
class of actions that are not required but go
beyond the call of duty (e.g., a good Samaritan)
THE MORAL BASIS FOR COMPETENCE
(Blackburn, 2005). Supererogation has four defining
Understanding the moral principles that underlie a principles, according to Beauchamp and Childress
code of conduct helps psychologists to interpret the (2001): a supererogatory act (a) is optionalneither
ethical standards. The foundational ethical theories required nor forbidden by common-morality stan-
and moral principles that guide the practice of psy- dards, (b) exceeds what the common morality
chology are discussed in more detail in Chapter 1 of expects or demands, (c) is intentionally undertaken
this volume. Although the standards are numerous, to promote the welfare of others, and (d) is morally
and fairly specific, they still cannot address every sit- good and praiseworthy in itself (not merely under-
uation and professional role played by psycholo- taken from good intentions). As applied to the
gists. The General Principles contained in the Ethics Code, supererogatory acts primarily are pre-
Ethical Principles of Psychologists and Code of sented in the General Principles section of the code
Conduct (the Ethics Code; American Psychological (see the following section). But first we will address
Association [APA], 2010) is helpful in this regard. the concept of a floor and a ceiling in the house of
These principles articulate unenforceable, aspira- ethicshow minimal standards and lofty goals each
tional guidelines that describe the general values have a place in this document.
underlying the standards in the Ethics Code. The
high standards described in the General Principles Ethical Floor and Ceiling
are best understood by considering that human The Ethics Codes floor and ceiling both relate to
behavior in a moral sense can be broadly classified moral values as they can be applied to psychological
into various categories. work. The Ethical Standards constitute the floor
According to Beauchamp and Childress (2001) they describe minimal levels of performance that are
there are four categories of moral actions: (a) actions expected from the ethical psychologist. There is no
that are right and obligatory (e.g., telling the truth), choice about compliance; the ethical standards
(b) actions that are wrong and prohibited (e.g., com- require psychologists to engage in certain behaviors
mitting murder), (c) actions that are optional and in the course of carrying out their work and specifi-
morally neutralneither obligatory nor wrong cally prohibit others. For example, the therapist who
(e.g., performing common daily activities), and treats a man who is addicted to a chemical substance
(d) actions that are optional but morally meritorious must first have a minimal level of competence (e.g.,
and praiseworthy (e.g., donating a kidney to a needy education and training) before beginning to treat the
patient who is unknown to the donor). This last cat- patient. It would not be sufficient for her to be well-
egory does not necessarily pose an exceptionally trained as a psychotherapist but not trained in the
high threshold, as Beauchamp and Childress also treatment of addictions per se, as the Ethics Code
made the case that not all supererogatory acts are requires compliance with the standards addressing
exceptionally arduous, costly, or risky (p. 41). the attainment of mastery before accepting such
They pointed out that the line between what is man- patients. If she lacks the proper training, she runs
datory and what is optional is not always apparent. the risk of harming the patient by using inappropriate

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interventions or strategies, or, at best, not providing Fidelity and Responsibility; Principle C, Integrity;
an intervention that is beneficial to the patient. Principle D, Justice; and Principle E, Respect for
At the same time, psychologists are required Peoples Rights and Dignity. The areas of psycho-
to take reasonable steps to avoid harming their logical competence are best represented in
patients, students, and others with whom they work, Principles A and D and are examined in the section
as stated in Standard 3.04, Avoiding Harm, in a sec- Two General Ethical Principles Relating to
tion entitled Human Relations. This prohibition Competence.
against inflicting harm on others requires psycholo-
gists to avoid behaving in a way that would likely How Supererogatory Values Help
have an adverse impact. And when harm to another A psychologist who understands the supererogatory
is foreseeable and unavoidable, they must take steps values contained in the General Principles (the ceil-
to minimize it. The psychologist in the media who ing of ethical conduct) will be better able to use the
spontaneously makes negative and inaccurate com- Code of Conduct for ethical decision making even
ments concerning the lifestyle or values of gays or when specific standards do not exactly address the
lesbians is failing to avoid harm to these individuals. encountered situation that raises an ethical ques-
His lack of competence in media presentations and tion. Psychologists are not expected to merely com-
ignorance of the facts may result in damaging com- ply with stated rules to avoid sanctions from an
ments that may be heard by a large audienceon ethics committee or licensing board. Hopefully, they
radio, television, or the Internetpossibly contrib- also will develop a deeper understanding of the
uting to increased antipathy for members of these moral underpinnings for the ethical standards, such
minority groups. as those described in the General Principles, for
The ceiling of the Ethics Code resides within the guidance in ethical decision making, particularly
General Principles. These principles are behavioral when ethical rules conflict, or laws and ethical stan-
objectives on which psychologists set their sights dards are incompatible.
but are not required to attain. They also are to be
used in ethical decision making when the ethical Case Example 1
standards fail to provide adequate guidance or A psychotherapist is ambivalent about
advice about what to do in a specific situation. offering treatment to a 17-year-old young
These five General Principles constitute the moral man with autistic disorder, because he
basis and the aspirational goals of all psychologists has had little training in diagnosing or
who wish to go beyond complying with the mini- treating individuals with this pervasive
mal standards set by the Code of Conduct (i.e., developmental disorder. By reflecting
enforceable ethical standards). Ethical questions on the risk of harm versus the probabil-
often arise during the normal course of a psycholo- ity of providing help to the young man,
gists workteaching, consulting, carrying out given his lack of experience, the therapist
research, and so on. Those psychologists who takes into account General Principle A,
attempt to discover their supererogatory obliga- Beneficence and Nonmaleficence. And by
tions, however, are more likely to actively seek out honestly appraising the boundaries of his
the ethical questions hidden in their professional competence and limitations of his exper-
activities (Knapp & VandeCreek, 2006). In doing tise he honors the spirit of Principle D,
so, they may find the General Principles particu- Justice. These overarching principles set
larly useful, even though the language is lofty, the ethical tone for standards pertaining
sometimes vague, and lacking in the kind of spe- to competence. After considering them,
cific directives that are more commonly found in as well as the relevant ethical standards,
the ethical standards (e.g., musts and must-nots). the therapist decides to refer the adoles-
The five General Principles are Principle A, cent to another therapist experienced in
Beneficence and Nonmaleficence; Principle B, treating this disorder.

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Thomas F. Nagy

TWO GENERAL ETHICAL PRINCIPLES critical balance is part of the artistry and
RELATING TO COMPETENCE science of psychotherapy, in spite of an
occasional patients wish that it might be
In this section we examine the two General Ethical
otherwise.
Principles that primarily address competence:
Principle A, Beneficence and Nonmaleficence, and The next scenario addresses a training setting in
Principle D, Justice. which three individuals are involved in a professional
relationship: supervisor, supervisee, and patient.
General Ethical Principle A:
Beneficence and Nonmaleficence Case Example 3
The first General Principle is Principle A, Beneficence A clinical supervisor must balance
and Nonmaleficence. Beneficence means to do good, providing training for her supervisee with
rendered from the Latin, and nonmaleficence means maintaining the welfare of the patient
to avoid harming others, in the course of carrying receiving treatment. In a particularly
out ones professional work. These concepts have challenging situation, such as a suicidal
roots dating back to the Hippocratic oath in the 4th patient with a personality disorder and
century BCE, when medical doctors codified the alcohol dependency, it may appear as
competing demands of helping their patients and though the patient would be better served
avoiding harming them. by consulting a licensed practitioner
The following two examples from clinical prac- rather than a trainee. However, with
tice illustrate how these concepts have a bearing on competent supervision of the therapist-
competence. The first scenario addresses a classic in-training the treatment will hopefully
challenge faced by therapists who may experience a progress satisfactorily. However, if the
sexual attraction to a client or patient. supervisor is negligent in performing her
dutiesmeets less often for supervisory
Case Example 2 sessions or fails to pay attention to emer-
A male therapist attempts to balance gent risks that are being disclosed by the
how to competently establish a working patientshe may contribute to harm-
alliance with a friendly female patient, ing both the therapist-in-training and
while, at the same time, avoiding devel- the client. The therapisttrainee is being
oping a personal friendship or romantic harmed by receiving substandard super-
relationship with her, lest he lose his vision and the patient is being harmed
objectivity and ultimately his compe- by receiving inadequate treatment by the
tence. The patient mistakes the thera- trainee, and may be at increased risk for
pists empathy and warmth for feelings of committing suicide.
friendship and even love, and begins to
behave in a flirtatious manner. However, Principle A also reminds psychologists of their
the therapist does not respond to her obligation to be mindful of problems with their own
seductiveness, choosing, instead, to physical and mental health, and how they could
address the topic of interpersonal bound- affect others. Psychologists are subject to the same
aries in the treatment setting. Ultimately, human frailties as anyone else. The competence of
he avoids harming his patient by finding an otherwise-excellent supervisor, teacher, or man-
equilibrium between the personal rela- agement consultant could be significantly affected
tionship (e.g., having friendly feelings by a chronic medical condition, medication, sleep
for the patient) and the professional one deprivation, or major life stress, such as the death
(e.g., maintaining sufficient objectivity to of a family member, divorce, or financial adversity.
maintain his competence and serve as an Consider the following example in which a health
agent of change for her). Preserving this problem strongly affects the physiological and

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psychological well-being of a psychologist and inter- psychologist is asked to testify about his or her psy-
feres with her competence. chological assessment of divorcing parents who are
litigating about child custody, or when a psycholo-
Case Example 4
gist delivers a report to the court about a defendants
A psychotherapist with chronic back
competence to stand trial. Justice derives from the
pain must take daily medication to miti-
Latin root justitia, meaning justice, or equality, and it
gate her suffering that unfortunately dulls
has been defined as follows in legal settings: fairness,
her mental acuity and cognitive function-
moral rightness, and a scheme or system of law in
ing. She finds that her effectiveness is
which every person receives his or her due from the
impaired in carrying out diagnostic test-
system, including all rights, both natural and legal
ing and simply listening carefully to her
(see http://dictionary.law.com).
more challenging therapy clients. In par-
This principle has a bearing on competence, and
ticular, she struggles to be alert enough
it prompts psychologists to be aware of their own
to provide treatment to a single mother
biases and prejudices in the course of their work, as
with depression who is having difficulty
these can lead to unjust practices. It also asks psy-
parenting her alcoholic son. The therapist
chologists to make certain that they do not exceed
knows that she has an ethical obligation
the boundaries of their competence and the limita-
to monitor the extent to which her medi-
tions of their expertise. Because these concepts are
cations detract from her competence to
not always readily apparent, they may be difficult for
provide treatment, or engage in any other
psychologists to grasp. Prejudices and biases may
psychological work, for that matter. She
stem from ones earliest days, involving family of
considers various options in dealing with
origin, ethnicity, cultural conditioning, specific life
her more challenging patient, such as
events, sense of humor, and other factorsmuch of
(a) terminating and referring the patient
which may unconsciously affect the psychologists
to another therapist or (b) accommodat-
adult thoughts and actions. The boundaries of
ing in some other way, such as having
competence are not always easily noted either, as
shorter therapy sessions, scheduling her
psychologists sometimes find themselves being
patient only at a time of day when she is
nudged beyond their comfort zone, in clinical and
most alert (e.g., mornings), altering the
consulting cases, supervision, forensic situations,
times of taking her medication, taking
and other areas, without adequate reflection about
brief naps during the day, or pursuing
the risks they are encountering.
some other means.
In coping with such a health problem, the psy-
BIAS AND PREJUDICE
chologist would not find suggested courses of action
in either Principles A or D or in the ethical stan- A lack of impartiality may come from holding
dards, except in a general way. Consulting these two unfounded assumptions about a particular individual
sections of the Ethics Code may prompt the psy- or group that affect how the psychologist teaches,
chologist to be vigilant about matters of her own designs and conducts research, evaluates, or provides
mental and physical health, to note when her profes- treatment for a person. These unfounded assump-
sional competence might be declining, and to take tions can profoundly affect competence, resulting in
appropriate and timely action. Maintaining sound judgments, decisions, interventions, and other
mental health and sufficient emotional competence actions that harm others, either by what they accom-
to practice is covered in Chapter 7 of this volume. plish or fail to accomplish. This issue is addressed in
Section 3 of the Ethics Code, by Standard 3.01, Unfair
General Ethical Principle D: Justice Discrimination. What we might term competence in
The fourth General Principle, Justice, often has human diversity, which prohibits psychologists from
application in the legal arena, such as when a engaging in unfair discrimination, can be formed on

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the basis of the following factors: age, gender, gender assessment, carrying out psychotherapy, and the
identity, race, ethnicity, culture, national origin, reli- very nature of their relationshipsincluding devel-
gion, sexual orientation, disability, socioeconomic oping a multiple role relationship concurrent with
status, or any basis proscribed by law. Therapists will- the professional one that could impair competence
ing to become more knowledgeable about these (e.g., business relationship, friendship, romantic
important factors in their patients lives not only relationship). It is an ongoing task to enhance ones
avoid prejudice but also go beyond providing services knowledge of the opposite sex by remaining current
that meet minimal standards by proactively augment- on the research, attending seminars, observing pub-
ing their clinical skills and their ability to be truly lications from the APA such as the lengthy docu-
helpful to others. Those striving for very high levels ment Guidelines for Psychological Practice With Girls
of competence also may experience better outcomes and Women (2007b), and other means.
as well as a sense of continuing professional improve-
ment over time. Sexual Orientation
An essential component of psychological compe-
Age tence is having awareness of and accepting the broad
Developmental issues manifest themselves continu- variety of sexual orientations and preferences. A sys-
ously throughout life, requiring psychologists to tematic bias or fear of homosexuals (or heterosexu-
maintain their knowledge and skills commensu- als) may impair a psychologists work in much the
rately. Those who diagnose, provide treatment, same way that gender bias does. A psychologists
teach, or do research with people from infancy, early vulnerable or panicky feelings, anger, avoidant or
childhood, adolescence, adulthood, and later life hostile behavior, or other signs of a homophobic
must not presume competence without proper edu- response diminish competence and adversely affect
cation, training, supervision, or other life experi- the working relationship. The APA publication
ences. They continuously enhance their skills by Guidelines for Psychotherapy With Lesbian, Gay, and
means of individual or peer group consultation, Bisexual Clients contains 16 recommendations con-
attending workshops, reading journals that focus on cerning diagnosis, treatment, family relationships,
issues relevant to the age group being treated, and social prejudice and discrimination, risks and chal-
being up to date on APA publications, such as lenges of being gay, health matters, obligations of
Guidelines for Psychological Practice With Older the psychologist working with gay clients and
Adults (2004) and Guidelines for the Evaluation of patients, and other matters (APA, Division 44,
Dementia and Age-Related Cognitive Decline (1998). Committee on Lesbian, Gay, and Bisexual Concerns
Task Force, 2000). This document helps therapists,
Gender consultants, and researchers to be aware of their
Gender may be considered to be a subculture unto own potential for bias for or against gays or lesbians,
itself, with its own range of genetic predispositions, prompting them either to limit their professional
physiology, perceptions, cognitions, and behavior contacts or to obtain supervision, consultation, psy-
patterns conditioned since birth by family and cul- chotherapy, or other rehabilitative experience to
ture. The competence of a researcher could be enhance their competence in working with these
compromised by unwittingly introducing gender minorities.
bias into any phase of an investigation, including
formulation of the research hypothesis, collection Race, Ethnicity, National Origin,
of data, and even interpretation of the results. and Language
Competence of a teacher, supervisor, or therapist Ignorance or prejudice about race or national origin
can be impaired by gender bias consisting of unwar- of immigrants or first-generation Americans can
ranted assumptions about the inherent nature of impair a psychologists ability to work competently.
males and females. These assumptions can affect The extensively diverse population in some regions
grading academic performance, psychological of the United States may pose significant challenges

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in learning about the values, norms, social customs, Prejudice based on an individuals religious faith
idiosyncrasies, attitudes about mental health, and is particularly relevant for those psychologists who
other attributes of those from other cultures. assess or provide treatment to members of the clergy.
As an example, one might consider the therapist A positive bias could just as easily affect competence
working with a Latino man who intends to bring a as a negative one. This could result in inaccurate
family member into the consulting office with him. assessments, psychological reports that omit impor-
This might seem to be an unusual practice to a tant conclusions and recommendations, and treat-
North American psychologist with conventional val- ment that fails to address the more difficult aspects of
ues. However, the personal boundaries among a patients behavior and dynamics because of a thera-
Latinos are typically more inclusive of others, and it pists positive bias about the patient. For example, a
might be quite natural to include a sibling or even a devoutly Catholic psychologist with a bias who is
close friend. On the other hand, the management asked to evaluate a priest accused of molesting chil-
consultant working with a Japanese corporate exec- dren may not be able to carry out an objective assess-
utive who consistently avoids eye contact should ment and, as a reslt, may misperceive or deliberately
remember that such a behavior is not indicative of minimize signs of psychopathology when interpret-
rudeness or disrespect. Quite to the contrary, in the ing test results or writing a psychological report.
Japanese culture, avoidance of eye contact is more
likely to represent a sign of respect accorded to an Disability
authority figure. Being enlightened about such cul- To competently serve, teach, or investigate those
tural differences is the focus of the APA publication with physical or mental impairments, psychologists
Guidelines on Multicultural Education, Training, must be aware of the array of factors and special
Research, Practice, and Organizational Change for needs unique to each disability. People with special
Psychologists (APA, 2003). needs include those with sensory impairments (e.g.,
Although psychologists certainly are not blind or hearing impaired), chronic pain or degener-
expected to develop proficiency in the native tongue ative diseases, HIV/AIDS, spinal cord or other severe
of every client or student from a foreign country, injuries, fatal illnesses, or other conditions impair-
they at least may show the inclination to learn cer- ing daily functioning. People with special needs also
tain fundamentals and customs, such as greetings or include those with mental disorders, such as mental
important nonverbal interactions. Demonstrating retardation, pervasive developmental disorders (e.g.,
such a willingness has the potential of assisting in Autism spectrum disorders), schizophrenia, demen-
the relationship and enhancing the professional tias, or other brain disorders from head injuries or
service being offered. illness (e.g., stroke, heart attack). Remaining com-
petent in working with such specialized populations
Religion requires participating in ongoing education and
A pervasive prejudice regarding religion on the part remaining up to date on the current research.
of an investigator, teacher, consultant, or therapist
can detract from objectivity and competence. Socioeconomic Status
Whether the bias is against Jews, Muslims, Christians, Psychologists must sometimes acquire special skills
or any other faith, the psychologist holding such for working with those from lower or higher socio-
views risks carrying out poorly conducted research, economic groups. An example would be the thera-
substandard teaching or training, and incompetent pist who must adjust his treatment objectives and
consulting or psychotherapy. Possessing an innate strategies to suit the needs of a woman living in a
curiosity and being willing to learn about the reli- housing project who has been physically abused by
gious teachings of ones patients, supervisees, or stu- her husband. She may have an urgent need for pro-
dents may help the psychologist to have better tection and safe refuge, along with her children, and
understanding and empathy for them as well as may need to move to a womans shelter. This patient
deliver superior services. may have little interest in developing psychological

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Thomas F. Nagy

insight into the causes of her problems that fails to that he may be unable to competently
address her immediate needs. It may constitute and objectively gather data and interpret
incompetent practice for the therapist to disregard results at this time. This is because he is
the pressing necessities of life in favor of focusing on suffering from depression because of his
history taking or developing psychological insight. recent divorce and has residual angry feel-
In fact, by disregarding such exigencies, the thera- ings at his ex-wife that he has generalized
pist may run the risk of jeopardizing the very safety to the female participants in his research
of the patient he is attempting to help. project. He decides to withdraw from the
Researchers investigating those of lower or data gathering temporarily and begin psy-
higher socioeconomic status should take steps to chotherapy to address his mood disorder
educate themselves about attributes of these groups and resentment.
that might affect the validity of the results. Such
Fortunately this investigator had sufficient self-
steps might include familiarizing oneself with dia-
insight to benefit from consultation with his coin-
lects, values, dress, nonverbal cues, interpersonal
vestigator and to terminate his involvement with the
style, relationships, and prejudices of the group
project. He also had the good judgment to seek
being studiedall of which could affect the research
needed treatment rather than to just wait for his
hypothesis, experimental design, data gathering,
depression to pass. The topic of ethics in research
interpersonal relationship with the investigator, or
is thoroughly addressed in Volume 2, Chapter 16, in
other aspects of the study. Failure to pay attention
this handbook.
to these factors could have direct consequences on
the investigation and ultimately the knowledge base
by making a contribution that is biased, distorted, GENERAL CONCEPTS ABOUT ACHIEVING
or inaccurate in some other way. AND MAINTAINING COMPETENCE
One such example of incompetence in a research
Psychologists who practice and consult generally
setting follows, in which the investigator is initially
complete doctoral studies at a regionally accredited
unaware of his blind spots that result from a trau-
institution (e.g., university or professional school of
matic experience.
psychology) and then have a period of professional
Case Example 5 supervised experience or internship. Then they must
A male researcher, who recently expe- pass the Examination for Professional Practice in
rienced a painful and costly divorce, has Psychology (the same content in all 50 states and
been investigating gender roles in mar- Canadian provinces, but with different passing
riage. He currently is gathering data for his scores) and show evidence of a thorough knowledge
study, interviewing husbands and wives of the state laws regulating clinical practice.3 After
and rating short essays that they have completing these steps, one holds the license to pub-
written on the topic of marital satisfaction. licly claim the title psychologist and offer profes-
He finds that he is becoming increasingly sional services to consumers for a fee (e.g.,
impatient and irritable while listening to individual or group therapy, assessment, clinical
the wives describe their perception of their supervision of trainees, forensic activities, manage-
roles within the marriage and consistently ment consulting). Licensing boards can ensure only
is rating their written essays with a nega- that psychologists meet the minimal standards of
tive bias, as confirmed by his coinvestiga- competence, but they do not ensure excellence.
tor. He slowly arrives at the conclusion Professional judgment on the part of psychologists

3
The APA allows its members to claim a doctoral degree from a nonregionally accredited institution only if it serves as the basis for licensure in the
state. A psychologist who moves to another state, at some point, may no longer claim the doctoral degree in the new state if his or her degree is from
a nonregionally accredited institution of learning. It is possible for a professional school of psychology or university to be licensed or accredited by a
particular state but at the same time, fail to meet the standards of the regional accrediting body, such as the North Central Association of Schools and
Colleges, the Western Association of Schools and Colleges, and so on.

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always remains an essential ingredient in the ongo- performance. This is discussed more fully in
ing quest for superior mastery of psychological skills. Chapter 19 of this volume dealing with professional
Those who work in academic or health care set- liability and risk management.
tings as teachers, researchers, or administrators or in Maintaining sound mental health is an inherent
some other nonclinical capacity normally do not part of competence, requiring a degree of self-
require a psychology license. Although they may not awareness about the normal human experiences that
directly offer clinical services to the public for a fee, may affect how one carries out work. This includes
they must be mindful of maintaining competence in such things as personal life transitions and stresses
their chosen area. (e.g., birth of a child, deaths of family members or
friends, divorce), changes in mood, the impact of
Vanity Credentials physiological disorders (e.g., illness, chronic pain
Credentials, degrees, certifications, and honors conditions), medication side effects (e.g., impaired
should be awarded on the basis of academic or other cognitive functioning), and other experiences that
work that has been performed and appropriately compromise ones ability to work effectively.
evaluated by a legitimate entity. At times one may Psychologists may be subject to the same frailties as
observe vanity credentials listed on resumes, curric- others when suffering emotional distress, including
ulum vitae, the Internet, or promotional materials dependency on alcohol and other chemical sub-
extolling the supposed skills and knowledge of the stances, poor professional boundaries with clients
psychologist, when, in reality the psychologists and patients, compulsive sexual behavior, and
work was never reviewed adequately and the pri- excessive sensation seeking or risk taking. They also
mary requirement for receipt of the credential was may suffer from untreated personality disorders or
the payment of a fee. other conditions yet procrastinate in getting treat-
ment, even though their competence is being dimin-
Maintaining Competence ished. Any preexisting condition may become
Those holding a license to practice psychology gen- exacerbated as the daily work of psychologists takes
erally are required by their home state to maintain its toll. This may include secondary posttraumatic
and upgrade their knowledge and skills during each stress disorder (PTSD) from listening to graphic
renewal period of their license. This maintenance details of patients traumatically abusive experiences
normally consists of accruing a certain number of or the stress of having too many challenging patients
credit hours by attending lectures and workshops on at one timesuch as suicidal patients, children
psychological topics, participating in online webi- being molested by family members, or those with
nars, reading books and articles, or participating in borderline personality disorder who require extra
other experiences that are coordinated with manda- attention or emergency hospitalizations. How one
tory continuing education programs (e.g., hospital navigates these difficult waters was addressed by
grand rounds presentations). In addition, many psy- Norcross and Guy (2007), who affirmed that psy-
chologists maintain their skills by regularly consult- chologists must learn to leave their work at the office
ing with peersthat is, other clinicians, fellow and embrace life habits that are restorative in nature,
supervisors, researchers, management consultants, including seeking consultation or psychotherapy.
and teachers. When these peer-to-peer consulta- Part of being self-aware about ones competence
tions, whether one on one or in groups, are carried may include having a lifestyle that promotes good
out in a collaborative and compassionate manner, mental healthadhering to the advice that we give to
they can be extremely helpful and enhance compe- our patients. This includes the following therapeutic
tence. Participating in such consultations also may habits: (a) adequate sleep, (b) regular physical exer-
increase self-awareness on the part of clinicians, cise, (c) regularly engaging in play or fun activities
encouraging therapists to have a reflective practice, (e.g., hobbies, social activities), (d) nurturing the
striking an adequate balance between humility and relationship with ones significant other, (e) engaging
confidence and a desire to seek out feedback on in friendships and other social activities, and (f) any

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Thomas F. Nagy

other activities and life habits that are critical for sus- distinctive psychological knowledge and skills
taining good mental health. These matters are providing the bases for service with respect to at
addressed more fully in Chapter 7 of this volume, least one of the essential parameters of practice.
dealing with emotional competence and well-being. These parameters include the following: (a) specific
population, (b) psychological, biological, or social
problem, and (c) procedure and techniques.
THERAPY
Psychotherapy has been defined as a method of work- Specialty
ing with patients and clients to assist them to modify, A specialty is defined by the CSPP as a defined area of
change, or reduce factors that interfere with effective professional psychology characterized by a distinctive
living (Fabrikant, 1998). According to a metastudy of pattern or configuration of competent services to spec-
50 publications, carried out by Grencavage and ified problems and populations (see the CSPP web-
Norcross (1990), there are six common factors in site: http://cospp.org). It is based on broad and general
psychotherapy: (a) the development of a therapeutic education and training in the science and practice of
alliance, (b) the opportunity for catharsis, (c) the psychology, and it requires the acquisition of advanced
acquisition and practice of new behaviors, (d) patient knowledge and skills from an accredited doctoral pro-
positive expectations, (e) beneficial therapist quali- gram (and possibly additional organized sequence of
ties, and (f) provision of a rationale for the patients education and training in postdoctoral programs), fol-
problems. A detailed review of common factors in lowed by an examination designed to assess compe-
psychotherapy may be found in the conclusions and tence, independent of the state licensing exam.
recommendations of APAs Division 29 Task Force An important organization related to specialties
on empirically supported therapy relationships is the American Board of Professional Psychology
(Ackerman et al., 2001). (see http://abpp.org), incorporated in 1947. It pro-
The APA and the Council of Specialties in vides the following rationale for specializing in its
Professional Psychology (CSPP; initially sponsored mission statement: to increase consumer protection
by the APA and the American Board of Professional by examining and certifying psychologists who dem-
Psychology [ABPP]) have identified two levels of onstrate competence in approved specialty areas.
competent practice. Those offering psychological Currently, 13 specialty areas are recognized by
services may achieve the following levels of compe- ABPP: (a) clinical child and adolescent psychology,
tent practice: (a) proficiency (i.e., possessing ade- (b) clinical health psychology, (c) clinical neuropsy-
quate knowledge and skills to practice psychology), chology, (d) clinical psychology, (e) cognitive and
and (b) specialty (i.e., possessing competence in a behavioral psychology, (f) counseling psychology,
particular area of psychological practice). (g) couple and family psychology, (h) forensic psy-
chology, (i) group psychology, (j) organizational
Proficiency and business consulting psychology, (k) psycho-
Proficiency was defined by the APA (1995) as a analysis in pychology, (l) rehabilitation psychology,
circumscribed activity in the general practice of and (m) school psychology (CSPP, 2009). Each spe-
professional psychology or one or more of its spe- cialty area has its own formal definition, required
cialties. Attaining proficiency consists of meeting levels of specialty training (doctoral or postdoctoral
the following three criteria: (a) distinctiveness, level), and specialty board certification (e.g., source
described as a body of knowledge and professional of board certification, such as the American Board of
application relevant to one or more parameters of Group Psychology for group psychologists).
practice; (b) acquisition of knowledge and skills,
described as a core of psychological knowledge and Certification in Substance Abuse
skills, including specific methods for how psycholo- Treatment
gists typically acquire same; and (c) parameters of The APA Practice Organizations College of
practice, described as the substantial, specific, and Professional Psychology (COPP) certifies licensed

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Competence

psychologists in the treatment of those with alcohol Evidence-Based Practice, 2006). This evolved from
and other psychoactivesubstance use disorders. a similar concept developed by the Institute of
This is useful for therapists verifying their expertise Medicine 5 years earlier and has as its purpose to
to third-party payers (e.g., health insurance, promote effective psychological practice and
Medicare) when treating chemically dependent enhance public health by applying empirically sup-
patients (APA, Practice Organization, 2010). To ported principles of psychological assessment, case
become certified, candidates for such certification formulation, therapeutic relationship, and interven-
must have treated alcohol and other substance use tion (Institute of Medicine, 2001, p. 147).
disorders as a licensed psychologist for at least three The APA task force considered best available
years, must provide health services in psychology, research to include scientific results derived from
and must pass COPPs examination. intervention strategies, assessment, clinical problems,
and patient populations in both laboratory and field
Prescription Privileges settings, as well as clinically relevant results of basic
Few states currently permit psychologists to pre- research in psychology and related fields. As of this
scribe medications as an adjunct to rendering clini- writing, the majority of treatments that qualify as
cal services, although there has been active lobbying evidence-based practice in psychology are cognitive
on the part of some psychologists to change this sit- behavioral in nature, ranging from 60% to 90% of
uation. In 1997, the COPP submitted a proposal to available interventions (Norcross, 2004). Eight compo-
the APA Council of Representatives presenting a nents of clinical expertise are described in the report:
rationale for such a change (Bricklin, 2000). In what
might be seen as a premature move, it also proposed Assessment, diagnostic judgment, systematic
to catalyze psychologists interest in prescribing by case formulation, and treatment planning (e.g.,
overseeing the development of an examination that accurate diagnosis, setting appropriate treatment
would be offered in states and Canadian provinces goals and tasks)
to grant prescriptive authority whenever the laws Clinical decision making, treatment implementa-
changed to permit such activities. As a result, COPP tion, and monitoring of patient progress (e.g.,
developed the Psychopharmacology Examination for skill and flexibility, tact, timing, pacing, framing
Psychologists, which will constitute the final hurdle of interventions, balancing consistency of inter-
for those wishing to prescribe. Candidates for the ventions with responsiveness to patient feedback,
exam must also possess a doctoral degree in psychol- monitoring progress)
ogy, provide health services in psychology, possess a Interpersonal expertise (e.g., forming a therapeu-
currently valid license in good standing to practice tic relationship, encoding and decoding verbal
psychology independently, and must successfully and nonverbal responses, creating realistic and
complete a postdoctoral program of education in an positive expectations, empathy)
organized program of intensive didactic instruction. Continual self-reflection and acquisition of skills
(e.g., capacity to reflect on ones own experience,
Psychotherapy: Evidence-Based Practice knowledge, hypotheses, emotional reactions,
Evidence-based practice refers to therapeutic inter- and behaviors; awareness of limits of knowledge,
ventions offered by psychologists that integrate sci- skills, and biases affecting ones work)
ence and practice, a concept that has become an Evaluation and use of research evidence in both
important goal in current health care systems and basic and applied psychological science (e.g.,
health care policy. This practice was defined in 2006 having an understanding of research methodol-
by the APA Presidential Task Force on Evidence- ogy, validity, and reliability, being open to data,
Based Practice as the integration of the best available clinical hypothesis generation, and the capacity
research with clinical expertise, within the context to use theory to guide interventions)
of patient characteristics, including culture, values, Knowledge of the influence of individual, cul-
and preferences (APA, Presidential Task Force on tural, and contextual differences on treatment

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Thomas F. Nagy

(e.g., individual, social, and cultural variables, Practice Guidelines


including age, development, ethnicity, culture, APA began developing practice guidelines in 1993,
race, gender, sexual orientation, religious com- covering a range of topics applying to those offering
mitments, and socioeconomic status) direct services to consumers as well as those who
Use of available resources as needed (e.g., seeking carry out research. The criteria for these practice
consultation; recommending adjunctive or alter- guidelines were established by the Committee on
native services when needed; cultural sensitivity) Professional Practice and Standards (a committee
Formation of a cogent rationale for clinical of the APA Board of Professional Affairs). The first
strategies (e.g., a planful approach to the treat- attribute cited is Respect for Human Rights and
ment of psychological problems; reliance on the Dignityunderscoring the guidelines sensitivity to
therapists well-articulated case formulation con- cultural, individual, and role differences among psy-
cerning the client or patient, reliance on relevant chological service providers and their client popula-
research supporting the effectiveness of a certain tions, including but not limited to age, gender, race,
treatment, if it exists) ethnicity, national origin, religion, sexual orienta-
tion, disability, language, and socioeconomic status
An opposing view presented by Westen and
(APA, 2002). Practice guidelines are intended to be
Bradley (2005) raises the question of overreliance
aspirational in naturethat is, they provide sugges-
on evidence-based practice, arguing that empirically
tions, advice, and recommendations, but they do not
supported therapies often focus predominantly on
establish rules or regulations to which psychologists
brief, focal treatments for specific disorders (e.g.,
must adhere. They offer help and practical guidance
major depressive disorder) as defined by the
in best practices, but they do not raise or lower the
Diagnostic and Statistical Manual of Mental Disorders
bar established by the Ethics Code. Instead, they
(American Psychiatric Association, 1994). Westen
address many more specifics and details that any
and Bradley stated that evidence-based practice
ethics code ever could, or should. Although psy-
should consist of more than a list of empirically
chologists generally would not be penalized or sanc-
supported therapies for discrete disorders. They
tioned for failure to comply with a particular
believe that a true metric for the effectiveness of
practice guideline, they should be cautious about
therapy should be how its outcomes compare favor-
deviating from it and have a well-developed ratio-
ably to the outcomes obtained by experienced clini-
nale for doing so in their clinical and forensic work.
cians, not whether it survives a test of the null
The practice guidelines are published by APA,
hypothesis (i.e., that it works better than nothing,
APA divisions, or APA committees, and many of
or better than something intended to fail).
them are available online (see http://www.apa.org/
In deciding when or whether to use evidence-
practice/guidelines/index.aspx). These guidelines
based therapies, the psychologist ultimately should
are revised periodically, reflecting changes in the
develop a professional rationale to support his or
American culture and demographics, laws, and the
her decision. One should be able to cite outcome or
nature of psychological practice. They are listed in
process literature or other professionally accepted
chronological order, including the date of their
literature in making such a decision, aware that
adoption by APA.4
patient demographics, diagnosis, clinical setting,
length of anticipated treatment, financial resources, Specialty Guidelines for Forensic Psychologists
and other factors are contributing to the decision. (APA, 1991)5

4
Additional resources that psychologists might find useful are Statement on the Disclosure of Test Data (APA, 1996); Statement on Services by Telephone,
Teleconferencing, and Internet (APA, 1997); Criteria for Evaluating Treatment Guidelines (APA, 2002a); Criteria for Practice Guideline Development and
Evaluation (APA, 2002b); Criteria for the Evaluation of Quality Improvement Programs and the Use of Quality Improvement Data (APA, 2009a); and APA
Disaster Response Network Member Guidelines (APA, 2011).
5
The Specialty Guidelines for Forensic Psychologists (APA, 1991) were being revised when this book went to press and are expected to be completed by
February 2012 (personal communication with Randy Otto, April 25, 2011).

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Competence

Guidelines for the Evaluation of Dementia and Age- complementary medicine (interventions that are used
Related Cognitive Decline (APA, 1998) in addition to conventional medicine) and alternative
Guidelines for Psychological Evaluations in Child medicine (interventions that are used in place of con-
Protection Matters (APA, 1999) ventional medicine). Integrative medicine combines
Guidelines for Psychotherapy With Lesbian, Gay, treatments from conventional medicine, complemen-
and Bisexual Clients (APA, Division 44, 2000) tary medicine, and alternative medicine that have
Guidelines on Multicultural Education, Training, evidence of safety and effectiveness, such as using
Research, Practice, and Organizational Change for hypnosis for pain control, nausea, or other symp-
Psychologists (APA, 2003) toms. The NCCAM is a federal agency for scientific
Guidelines for Psychological Practice With Older research whose mission is to explore complementary
Adults (2004) and alternative healing practices and interventions.
Guidelines Regarding the Use of Nondoctoral In addition to studying whole medical systems, such
Personnel in Clinical Neuropsychological as homeopathic medicine, naturopathic medicine,
Assessment (APA, 2006) traditional Chinese medicine, and Ayurveda, it also
Record Keeping Guidelines (APA, 2007b) studies the following four domains: (a) mindbody
Guidelines for Psychological Practice With Girls medicine (e.g., patient support groups and cognitive
and Women (APA, 2007a) behavioral therapy, meditation, prayer, art therapy);
Guidelines for Child Custody Evaluations in Family (b) biologically based practices (e.g., herbs, foods,
Law Proceedings (APA, 2009) vitamins); (c) manipulative and body-based practices
(e.g., chiropractic, osteopathic manipulation, mas-
Professional organizations and entities other than sage); and (d) energy medicine, consisting of biofield
the APA also have developed practice guidelines that therapies (e.g., qi gong, Reiki, therapeutic touch) and
inform practitioners about accepted standards of bioelectromagnetic-based therapies (e.g., electromag-
practice. These are commonly referred to as treat- netic fields).
ment guidelines or clinical guidelines. Examples Mental health providers who are competently
include the American Academy Pediatrics Screening trained to use these interventions must provide
for Suicide Risk in the Pediatric Emergency and Acute patients with adequate information about safety and
Emergency Care Setting (2007) and the American effectiveness in advance, including information about
Psychiatric Associations Practice Guideline for the the means for evaluating effectiveness and monitor-
Treatment of Patients With Alzheimers Disease and ing potential harm. Patients should be informed of
Other Dementias (2007). Many of these practice more conventional treatments of known effectiveness
guidelines can be found at the website of the because these may pose less of a risk. This informa-
National Guideline Clearinghouse, an initiative of tion should be provided regardless of the patients
the Agency for Healthcare Research and Quality (see enthusiasm for participating in such a treatment or
http://www.guideline.gov/associations). Some of indifference to receiving thorough informed consent.
these entries include thorough reviews of research, Providing such informed consent supports patient
and others represent consensus guidelines, summa- autonomy, protects patients from harm and exploita-
rizing expert opinions in the field. tion, and protects practitioners from complaints or
grievances by a patient who feels that he or she has
Complementary and Alternative Medicine been harmed through the use of a nonvalidated tech-
Psychologists and other health care professionals nique or feels that he or she has paid for a useless
increasingly are offering therapy experiences that intervention promoted by the psychologist.
are outside the realm of conventional medicine, as
described by the National Institutes of Health Remaining Within Ones Boundaries
(NIH) National Center for Complementary and of Competence
Alternative Medicine (NCCAM; see http://nccam.nih. The first ethical standard in Section 2 of the Ethics
gov/health/whatiscam/overview.htm). These include Code, Competence, Standard 2.01, clearly states that

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Thomas F. Nagy

psychologists must practice within their boundaries unusual therapeutic intervention, the therapist bears
of competence, whether doing therapy, research, the responsibility to inform clients and patients in
teaching, supervising, management consulting, or advance and to avoid actions that could be harmful
any other professional activity. The metrics for com- to or exploitative of them. In the authors view,
petence stated in this standard are formal education, these two ethical conceptsproviding informed
training, supervision, consultation, continuing edu- consent and avoiding harming or exploiting others
cation and independent study, and professional accounts for the vast majority of the 89 ethical stan-
experience. Deciding how much training is enough dards making up the Ethics Code (Nagy, 2011).
before employing a new technique or strategy is an An extreme and tragic example of an ill-founded
important matter of professional judgment on the therapeutic intervention that was far outside the
part of the psychologist. Certainly, the neophyte standard of care involved two Colorado practitioners
therapist who has attended a 2-hour seminar on bio- in 2000. The two therapists were Connell Watkins,
feedback training would not likely be considered an unlicensed and nonregistered practitioner, and
competent to begin treating patients with this modal- Julie Ponder, a licensed marriage and family therapist
ity. Additionally, evidence suggests that mental from California. The two women carried out an
health professionals are not immune to faddism intervention with a 10-year-old girl, Candace
considering the inappropriate use of psychosurgery Newmaker, whom they determined suffered from
in the 1940s and 1950s and facilitated communica- attachment disorder, and devised a treatment strat-
tion in the 1970s and 1980s. Furthermore, improper egy that was fatal (Advocates for Children in
use of hypnotic techniques for treating adults with Therapy, 2003). As the childs mother and a pediat-
repressed memories of childhood abuse in the 1980s ric nurse practitioner looked on, the two therapists
and later is another example of questionable compe- provided the young child with a supposedly correc-
tence. Fortunately, as time went on, therapists tive rebirthing experience. They required her to
became more prudent and competent in using hyp- assume a fetal position on the floor, wrapped her up
nosis in both diagnosing and treating adults with tightly in a flannel sheet, piling many pillows on
repressed memories of childhood trauma. top, and added their own weight on topa com-
We could argue that venturing beyond ones area bined total of 673 pounds. In spite of panicky cries
of competence is something that therapists may do, from the child that she could not breathe, the thera-
to some extent, every time they spontaneously pists continued the treatment until she fell silent,
develop a creative metaphor or novel strategy when 50 minutes into the session. They waited an addi-
working with a particularly unusual or challenging tional 20 minutes, urging the child not to be a quit-
patient. A therapist may decide that the empirically ter in the rebirthing process. When they finally
based approach may not fully address the needs of a checked on her, she had suffocated, and all attempts
particular patient, at a particular stage of treatment, to revive her were unsuccessful. To be sure, rebirth-
who is dealing with a particular symptom or ing therapy, the way Watkins and Ponder applied it,
dilemma. As a result, the therapist may employ a may have been innovative, but no institutional
novel or imaginative intervention. The Ethics Code review board would have approved such a danger-
was not intended to stifle the use of creative thera- ous intervention if it had been submitted as a clini-
peutic approaches that the therapist might not have cal research protocol, and no research existed that
studied in a journal or book. Rather, its intent is to would support exposing participants to such a trau-
remind therapists to always reflect on the possible matic and risky experience.6
attendant risk of harm when a novel strategy or tac- At times, a psychotherapist may ethically venture
tic is employed and to secure informed consent in beyond his area of competence, when other more
advance of treatment (more information can be competent therapists may not be available, as addressed
found in Chapter 12 of this volume). If using an in Standard 2.01(d), Competence. This situation

6
This was excerpted from the authors book Essential Ethics for Psychologists: Understanding and Mastering Core Issues (Nagy, 2011).

160
Competence

invokes the general principle of Beneficence and motivated and holds strong beliefs about
Nonmaleficenceto help but at the same time to its effectiveness.
avoid harming recipients of their services. Consider
the psychologist practicing in a rural area of Missouri Administering hypnosis in this situation would
who receives a telephone call from an anxious mother be an example of overestimating the psychologists
of an adolescent girl who is losing weight, has drasti- clinical skills to satisfy a patients request. In this
cally reduced her intake of food, is exercising for 3 case, the psychologist was competent to provide
hours daily, has amenorrhea, has losses of conscious- nonhypnotic interventions that likely would help
ness, and frequently goes online to learn about more improve the girls study skills without risking the
effective ways to lose weight. This psychologist may be use of hypnosis, for which he was not trained, and
unskilled in treating anorexia in adolescents but rec- incurring any untoward effects that might result
ognizing the health risks, may agree to meet with the from it. Consider the following example of a none-
woman and her daughter and serve as the first contact mergency situation in an underserved area.
in facilitating medical care for the adolescent. Case Example 7
Hopefully, the psychologist will refer the woman and A psychologist is contacted by the wife
her daughter to a nearby hospital or local family prac- of a 59-year-old man who is experiencing
titioner for evaluation and treatment. If there are no minor problems of memory in language
other treatment options locally, the psychologist may and daily activities. The psychologist
ethically provide treatment to the girl and her family if has never treated an individual with
he increases his competencefor example, relying on mild cognitive impairment before and
telephone or online consultation with those knowl- is unskilled in differentially diagnosing
edgeable about the disorder, conducting independent this disorder from a mood disorder with
study of available literature and resources, attending cognitiveemotional features or a medi-
workshops and seminars on the topic later on, and cal condition. She knows that there is a
pursuing any other means to increase his knowledge multidisciplinary clinic specializing in
and skills. the treatment of incipient dementia in a
In nonemergency situations in which practitio- city that is 125 miles away, and she won-
ners may be in short supply, potential patients may ders if she should attempt to treat the
seek services for which the therapist lacks adequate patient herself or simply refer him to that
training. How far out of his or her competence com- clinic for a comprehensive evaluation.
fort zone a therapist may venture is a question that She decides to telephone the neurospy-
must be addressed in these situations. chologist on staff at the clinic for advice.
Both agree that a diagnostic assessment
Case Example 6 at the clinic would be best as the first
A psychologist is contacted by a step and that pending the outcome, the
14-year-old girl who has a strong desire local psychologist could serve as a thera-
to learn hypnosis for improving her study peutic resource to the man and his wife
skills in school. He is tempted to accept in combination with any treatment he
this patient, even though he has no for- might receive at the clinic.
mal training in hypnosis. He has read
several journal articles including hyp- In an emergency, when other treatment options
notic scripts but never had face-to-face are scarce, a psychologist may ethically intervene
training, supervision, or consultation. until the emergency is resolved, as discussed in
However, he is aware of relaxation tech- Standard 2.02, Providing Services in an Emergency.
niques and diaphragmatic breathing. He An emergency may consist of a natural disaster (e.g.,
wonders if he should accept this patient an earthquake or tornado), could include an inci-
for hypnosis simply because she is highly dent of domestic violence (e.g., spouse battering,

161
Thomas F. Nagy

child molestation, or elder abuse), or could emerge publicly making such a claim. Self-assessment can
suddenly within the treatment setting of ongoing be helpful, as described by Belar et al. (2001) in
psychotherapy. clinical health psychology by presenting a template
for self-assessment and a list of activities that may
Case Example 8
be completed to reach the goal of competence.
A therapist begins treating a Vietnam
Psychologists claiming areas of competence in addi-
War veteran and discovers after several
tion to their license or academic degree should con-
sessions that he was a prisoner of war
sult the APA or the professional literature to become
(enduring many months of interroga-
informed about criteria to be met, including clinical
tion and torture), currently suffers from
experience, academic coursework, professional
nightmares and panic attacks, is alcohol
training, consultation, or other experiences.
dependent, and intends to commit sui-
The erosion of competence over time rarely is
cide to end all his suffering. The treat-
monitored specifically by licensing boards or ethics
ing therapist has never treated a patient
committees unless the therapist receives complaints
with such severe PTSD symptoms or
from a patient or third party. Yet it may well be true
imminent suicidality, and she does not
that subtle changes in therapists impair their compe-
consider herself competent to do so at
tence or blunt their diagnostic and treatment skills
this time and wishes to withdraw from
simply as a function of age, life experience, or other
her role as his therapist. She has already
factors. Such erosion of skills may be more apparent
developed a beginning therapeutic alli-
with major life transitions, such as the death of a
ance with the patient, however, and may
therapists parent or spouse, or chronic pain. But
be able to serve as a temporary resource,
therapists also should be aware of nuanced changes
particularly if he has never been in treat-
in their behavior that can serve as red flags of dimin-
ment before. She sees her obligation as
ished competence, such as becoming careless in pro-
providing treatment to reduce the risk
fessional duties, taking unwarranted shortcuts,
of suicide, if possible, while attempting
failing to write clinical notes or complete insurance
simultaneously to locate a more suitable
papers, procrastinating in returning important
therapist or treatment facility. She also
phone calls or e-mails, being repeatedly late for
may seek a voluntary or involuntary
appointments, making scheduling errors, experienc-
hospitalization for the patient, refer him
ing difficulty remaining focused on a patient during
to a therapist who has experience with
the therapy hour, forgetting important patient dis-
suicidal patients or those with severe
closures from previous sessions, failing to maintain
PTSD symptoms if she can, or take some
confidentiality with other treating health care pro-
other step that would preserve his safety
viders, and other lapses.
and well-being. She plans to end her
One way to help therapists obtain evidence of their
role as the primary treating therapist
ongoing competence is to administer an outcome
after the patient has had an adequate
measure periodically to patients (Reese, Nosworthy,
number of sessions for processing tran-
& Rowlands, 2009). By soliciting feedback on a regu-
sition and termination and has success-
lar basis, the therapist has access to additional data
fully transitioned to the new therapist
about the progress of treatment. Quantifying the seri-
or facility.
ousness of depression by administering a depression
inventory at regular intervals may help the therapist
Enhancing Competence in Therapists know whether behavioral homework assignments are
Sometimes psychologists claim special areas of more beneficial to the patient than reading a self-help
competence after completing a course of study, book on depression. Some ways of soliciting feedback
training, supervision, or consultation; however, it is may include asking questions about the patients per-
not always clear which criteria must be met before ception of the treatment and the degree of satisfaction

162
Competence

about the therapy relationship, as described by Burns Terminating and Referring


(2005). Burns recommended obtaining a patients Case Example 8 introduces the topic of determining
written feedback after every single therapy session to when treatment should be ended. Standard 10.10,
maximize the efficiency of treatment and to help ther- Terminating Therapy, informs us that psychologists
apists become aware of any shortcomings. should terminate therapy when it is reasonably
It is possible that psychologists (and other health clear the that client or patient no longer needs
care professionals) have a tendency to be overly treatment, is not likely to benefit from having fur-
optimistic about their ability to help others and less ther sessions, or actually is being harmed by con-
sensitive to their limitations (DeAngelis, 2003). tinuing. Examples of harm include (a) continuing
According to research by Okiishi et al. (2006), the treatment that is no longer needed (e.g., the thera-
reality is that some psychologists do outperform pist inappropriately introduces new topics), caus-
others. They found super shrinks and under- ing the patient with meager resources to continue
performing shrinks when examining 71 psycho- paying for sessions that are not needed, and (b) fos-
therapists. The top seven therapists had a lower tering dependency and undermining patient auton-
dererioration rate (5%) compared with the bottom omy in the individual who is able and ready to
seven therapists (11%) and had significantly higher make the transition to independent functioning but
treatment gains, possibly representing the difference delays doing so because of the therapists reluctance
between just-good-enough competence and to end treatment.
excellence. There was no evidence that therapists When it is time to terminate treatment, the thera-
at the low end of the distribution were behaving pist has an ethical obligation to provide pretermina-
unethically (e.g., engaging in contraindicated multi- tion counseling (unless the patient declines) and to
ple relationships or allowing prejudice to interfere address a variety of topics that may persist (Knapp
with their competence) or that they were likely to & VandeCreek, 2006). (More information can be
be reported to or disciplined by a licensing board. If found in Chapter 16 of this volume.) The therapist
we conceive of ethical conduct as being more than may wish to study the patients entire clinical record
risk management (avoiding being disciplined) but in preparation for reviewing treatment to date, as
also as including the aspirational or supererogatory well as individual topics with the patient. This
values of striving for our highest ethical ideals, we review may include evaluating the progress that has
maximize our potential for having the best out- been made in treatment, reviewing any remaining
comes while continually enhancing competence. goals that might be better achieved with the help of
Maintaining and enhancing competence when a different therapeutic modality (e.g., a therapist
working in new areas of practice where established with a different theoretical orientation better suited
standards do not exist poses its own set of problems. to the patient, a therapist specializing in pain man-
This includes such domains as telehealth, perfor- agement, marital therapy, group therapy, mindful-
mance enhancement (e.g., sports psychology), ness meditation training), and addressing any issues
parenting coordination (assisting high-conflict post- that relate to the patients life after therapy has
divorce parents to fulfill their obligations to their ended.
child while complying with court-ordered recom- Terminating treatment with a patient who moves
mendations), prescribing medication, and any of the out of state may pose a set of unique problems for
alternative medicine interventions for which stan- the therapist. Motivated by a desire to be helpful to
dards may be lacking. It is especially important to a patient who interrupts treatment by moving, the
develop strategies for monitoring patient outcomes therapist may use a variety of resources to locate a
in these situations. As an example, LeVine (2007) new psychologist (e.g., going online in search of
described her experiences as a prescribing psycholo- licensed practitioners in the new city, contacting the
gist in New Mexico, relying on case studies, consul- state Psychological Associations Information and
tations with primary care physicians, and detailed Referral Service of the new locale, searching a direc-
records for monitoring patient progress. tory such as the National Register of Healthcare

163
Thomas F. Nagy

Providers in Psychology; see http://www.national ethical and legal regulations balancing patient confi-
register.org). But how many psychologists would fur- dentiality concerns with therapist safety. In the face
ther investigate whether a potentially new treating of a direct threat against the therapist (e.g., menac-
therapist in another city was impaired, had recently ing e-mails), the Tarasoff duty-to-warn requirement
received a complaint from the local licensing board, does establish some precedent when a credible
or had his or her membership suspended by the APA threat to a third party is disclosed in therapy and the
because of a serious ethics violation? There is much therapist must then contact the intended victim and
that a therapist attempting to refer a patient moving the police (see Tarasoff v. Regents of University of
to a new city cannot know about the psychological California). When the party threatened is the thera-
resources there, the most significant of which is the pist, he or she obviously is aware of the threat but
level of proficiency of supposedly competent thera- may still use his or her legal option of notifying the
pists who are in practice. The therapist who makes a police. It is important always to have full awareness
referral to a new psychologist and should have known of current legal statutes in ones home state in antici-
about his ethical or professional violations of the past pation of such emergencies.
(e.g., boundary violations such as sex with a patient)
could incur liability if the new therapist harms the
ASSESSMENT
referred patient in the course of treatment. It may be
wise to share responsibility with the patient seeking Instruments of assessment commonly used by psy-
treatment in another part of the country, rather than chologists fall into the following five categories:
assume full responsibility for such a referral. (a) cognitive and neuropsychological testing;
There are times when termination counseling may (b) social, adaptive, and problem behavior testing;
be dispensed with and treatment may end suddenly (c) family and couples testing, (d) personality
because of the emergent risk of harm to the therapist. testing; and (e) vocational testing (American
This situation may occur when a therapist has been Educational Research Association, American
threatened by a patient or by someone else with whom Psychological Association, & National Council
the patient has a relationship (e.g., spouse, family mem- on Measurement in Education [AERA, APA, &
ber, friend). Patients have been known to stalk their NCME], 1999). Competence in using these instru-
therapists (e.g., send a barrage of unwanted e-mails or ments as well as other forms of assessment is
voice mail messages, wait for them in parking lots at addressed by a document entitled The Standards
the end of the day), seek out their residences and moni- for Educational and Psychological Testing. It
tor their activities on a weekend, and even damage their consists of a glossary, three sections (Test
therapists automobiles or other property (Knapp, Construction, Fairness in Testing, and Testing
2007; Tishler, Gordon, & Landry-Meyer, 2000). Applications), and 264 standards, and it provides
A therapist is not obliged to continue offering the highest standards in the sound and ethical use
therapy if her safety becomes jeopardized, and it of tests as well as comprehensive criteria for the
would not be considered abandonment for the ther- evaluation of tests, testing practices, and the
apist to terminate treatment in response to a threat effects of test use (AERA, APA, & NCME, 1999).
of harm or actual harm to herself, her family, or her This document is somewhat unusual because its
possessions. (More information about dealing with standards are prescriptive onlythere are no con-
life-endangering patients can be found in Chapter sequences for violating them because there is no
14 of this volume.) It may even be appropriate for entity responsible for enforcing them. (More
the therapist to contact the local police department information on psychological assessment can be
or retain an attorney to consider legal alternatives, found in Volume 2, Chapter 4, this handbook.)
such as involuntary hospitalization, a restraining Competent assessment includes using tests in an
order against the patient, or some other measure, as appropriate manner and being well informed of a
well as the inherent risks of each course of action. tests purpose and limitations, including reliability,
Such action would require careful consideration of validity, normative statistics, and other information

164
Competence

that would inform its use. The following case pres- training, ensuring proper test conditions, scoring
ents an example of incompetent assessment, includ- appropriately or selecting a reputable scoring service,
ing the use of the wrong test for the job. and explaining the results to the client in a manner
that he or she can comprehend. When interpreting
Case Example 9
results, psychologists must consider various test fac-
A psychotherapist who was skilled at
tors such as the clients test-taking abilities and other
providing therapy to highly successful
characteristicssituational, personal, linguistic, and
businessmen was retained by the attor-
other cultural differences that might affect psycholo-
ney of a divorced man who was litigating
gists judgments or the accuracy of their interpreta-
for a more favorable custody arrange-
tions (Standard 9.06, Interpreting Assessment
ment of his young daughter. The attor-
Results). Interpretation also includes releasing the
ney asked the psychologist to evaluate
clients actual test data to the client, if requested, as
his client and assess his parenting abili-
long as there is little or no risk of harm. The condi-
ties. Unfortunately, the psychologist was
tions for releasing test data are addressed by Standard
not as skilled in matters of assessment
9.04, Release of Test Data, and by Federal Law, in the
as he was in providing treatment. He
Privacy Rule of the Health Insurance Portability and
selected the Wechsler Adult Intelligence
Accountability Act of 1996 (HIPAA).
Scale (WAIS-IV) as the sole basis for
The Ethics Code regulates who may compe-
evaluating the man in the hopes of dem-
tently administer psychological tests, and clearly
onstrating his superior mental capacity
prohibits psychologists from delegating profes-
and then, by inference, showing that he
sional tasks to unqualified persons (e.g., clerical
would have the potential to provide bet-
persons, untrained supervisees). It also requires
ter parenting than his ex-wife for their
those who develop tests and other assessment tech-
daughter. Such an assessment did reveal
niques (e.g., structured clinical interview) to use
the mans high full-scale intelligence
appropriate psychometric procedures and current
quotient, but it failed to uncover his low
scientific or professional knowledge for test design,
capacity for empathy in parenting and
standardization, validation, elimination of bias, and
proneness to intense anger reactions, two
recommendations for use (see Standard 9.05, Test
factors that would likely affect a decision
Construction).
to award custody.
By selecting an intelligence test for the purpose
CLINICAL SUPERVISION
of evaluating a fathers parenting ability and overall
mental health and arguing that the results supported Although the topic of supervision is covered in
a change in custody, the psychologist actually could detail in Chapter 13 of Volume 2 in this handbook,
contribute to a childs being placed with the less some basic concepts are addressed here. Clinical
capable parent. In this hypothetical case, the oppos- supervision of the therapist-trainee is the final hur-
ing counsels psychologist addressed the flaws in dle for aspiring psychologists before taking the
selecting the WAIS-IV as the primary instrument for licensing exam and increasingly is being addressed
evaluating parenting competency, and the court as a professional activity unto itself requiring spe-
ordered a new evaluation. cific training (Falender & Shafranske, 2004; Haynes,
Competent assessment includes providing ade- Corey, & Moulton, 2003; Thomas, 2010). A state
quate informed consent before beginning the evalua- licensing board or ethics committee also can man-
tion (except in legally mandated situations, when date supervision in cases in which the psychologist,
consent is implied as in routine education testing or a licensed practitioner, has violated an important
in decisional capacity situations), selecting the appro- ethical or legal rule. Competence in supervision is
priate test (most recent edition), only using a test for addressed by the Association of State and Provincial
which the psychologist has adequate knowledge and Psychology Boards, which lists the following seven

165
Thomas F. Nagy

general areas: organized sequence of training, students, trainees, or workshop participants about
breadth and depth of training, hour requirement, the didactic and experiential aspects of the course,
supervision, supervisor qualifications, training training goals and objectives, and requirements that
sequence, and setting (see http://www.asppb.org). must be met for satisfactory completion. Teachers
Thomas (2010) described two examples of com- also must offer a course syllabus that accurately por-
mon supervisory errors that may negatively affect trays the subject area to be covered and the nature of
the professional relationship. The first one involves course experiences. Teachers are obligated to pres-
going beyond the normal boundaries of supervision ent psychological information and knowledge in an
by being overly inquisitive about the trainees pri- accurate fashion, separating their bias or personal
vate life (e.g., focusing on his family of origin, sex- views from factual representations, as needed.
ual history, and other matters that go well beyond
topics that the trainee expects to confront according Assessing Performance
to informed consent at the outset). The second Competent teaching and training includes compe-
includes quietly and implicitly altering the supervi- tently assessing the learning that has been acquired.
sory relationship by transmuting it into psychother- According to Standard 7.06, Assessing Student and
apy (e.g., gathering inappropriate history during the Supervisee Performance, psychologists must estab-
supervisory hour, encouraging inappropriate self- lish a timely and specific process for providing feed-
disclosure and catharsis). back to students and trainees, and this process must
be disclosed at the outset. This same standard
requires teachers to base their evaluations on actual
TEACHING
performance, not on such extraneous factors as
Those engaged in teaching at the high school, col- friendly feelings, sexual attraction, or prejudice
lege, and graduate levels and beyond are guided by based on cultural or gender identity or other per-
all of the General Principles of the Ethics Code, but sonal variables that may influence objectivity.
the following four principles are particularly rele-
vant: Principle A, Beneficence and Nonmaleficence; Avoiding Harmful Multiple Role
Principle B, Fidelity and Responsibility; Principle C, Relationships
Integrity; and Principle E, Respect for Peoples Many standards in the Ethics Code address multiple
Rights and Dignity. (More information can be found role relationships and the potential for damage that
in Volume 2, Chapter 12, this handbook.) Section 7 may accompany some of them. In particular,
of the Ethics Code, Education and Training, con- Standard 7.05, Mandatory Individual or Group
tains seven ethical standards, many of which pertain Therapy, helps teachers, professors, and supervisors
directly to competence. Also included in these stan- avoid a unique form of harmful multiple role rela-
dards are the general themes of informed consent tionships with students.
and avoiding multiple role relationships (e.g., sexual Some training programs require students to par-
relationships with students and supervisees, the ticipate in individual or group therapy as a part of
dual role of student and mandated group therapy their graduate education experience. This standard
participant). was created to ensure that faculty who evaluate stu-
dents academic performance never concurrently
Accuracy in Describing Education and play the role of individual or group therapist to the
Training Programs and in Teaching same individual(s). The roles of professor and group
Competent teaching includes providing accurate therapist are so discretely different, requiring differ-
descriptions at the outset about the content and ing informed consent and competencies, that they
nature of the learning experiences to be encoun- must never be played by the same individual at the
tered, as stated in Standard 7.02, Description of same time. This standard also clearly mandates that
Education and Training Program, and 7.03, students may select a therapist who is not personally
Accuracy in Teaching. This may include informing affiliated with the academic institution.

166
Competence

MAINTAINING BOUNDARIES WITH cautious about implementing an additional role to


PATIENTS, STUDENTS, AND TRAINEES the primary one.
The literature is filled with examples of exploita-
Therapists, teachers, and supervisors have an ethical
tion and its harmful aftereffects to those in a subordi-
responsibility to maintain and model appropriate
nate position by psychologists who have participated
boundaries in their professional roles. There can be
in a sexual relationship with them, whether or not
a heightened risk of impaired competence as well as
the psychologist was in love, was a sexual predator,
harm and exploitation when a psychologist intro-
or had some other motive (Gabbard, 1989, 1995;
duces a secondary role, such as business partner,
Holroyd & Brodsky, 1977; Pope, 1994, 2000; Pope,
coauthor, employee, friend, or lover. For example,
Sonne, & Holroyd, 1993; Pope & Vasquez, 2007;
the professor who develops special affection for a
Pope & Vetter, 1991; Thomas, 2010). (More infor-
particular student may no longer be objective in
mation on this topic can be found in Chapter 11 of
evaluating or grading her, to the detriment of other
this volume.)
students in the class or program. The topics of main-
Psychologists in a professional relationship are
taining boundaries and avoiding harmful multiple
ultimately responsible for deciding about the ethical-
relationships are explored in detail in Chapters 9
ity of engaging in a multiple role relationship,
(dealing with boundaries) and 11 (dealing with sex-
whether they or others have chosen to initiate it. A
ualized relationships) of this volume, but they are
student, patient, or supervisee may not have the pro-
introduced here as they pertain to competence.
fessional competence, professional experience, or
Not all multiple roles are harmful, and what may
objective judgment to make a decision about begin-
be acceptable in one role likely may be inappropri-
ning a secondary relationship in addition to the pri-
ate in another. A professor might invite a group of
mary one. And the Ethics Code and state or federal
students to her home for a barbecue at the end of
law regulate only the behavior of the psychologist,
the semester, but a psychotherapist would not nor-
not that of patients, students, or superviseesunless
mally engage in such social activities with current
they happen to be members of the APA or are
patients. A supervisor might possibly agree to coau-
licensed mental health providers.
thor a journal article or a book with someone with
Kitchener (1988) developed three guidelines for
whom he has just completed a year of supervision.
helping psychologists determine when commencing
A therapist who has just terminated treatment with
a multiple-role relationship would increase the prob-
a patient, however, would be unlikely to do so,
ability of harm and, hence, should be avoided. They
depending on the probability that the former patient
are as follows: (a) as the incompatibility of expecta-
might relapse and desire additional treatment and
tions increases between roles, so will the potential
other factors.
for harm; (b) as the obligations associated with dif-
A general rule for psychologists maintaining
ferent roles diverge, the potential for loss of objectiv-
optimal competence and objectivity is to be cautious
ity and divided loyalties increases; and (c) as the
about initiating or accepting a secondary or tertiary
prestige and power differential between the profes-
role in addition to their primary professional one.
sionals and consumers roles increase, so too does
This does not prohibit psychologists from develop-
the potential for exploitation. According to
ing friendly feelings, and it does not lengthen the
Kitcheners guidelines, psychologists should avoid
list of unethical acts by declaring that every supervi-
engaging in the questionable relationship (e.g., antic-
sor who has lunch with his supervisee has necessar-
ipated multiple role) as the risk of harm increases.
ily committed an unethical act. Rather, it raises the
Others have addressed the decision-making process
key question of whose needs are being met? by
concerning embarking upon a multiple role relation-
introducing an additional role (e.g., social) to the
ship (e.g., business media presentation, coauthor-
primary professional one. When the psychologist is
ship, friendship, sex) in different ways (Gottlieb,
the one whose needs are primarily going to be grati-
1993; Gutheil & Gabbard, 1993; Sonne, 2006;
fied by introducing a secondary role, he must be
Younggren & Gottlieb, 2004).

167
Thomas F. Nagy

RESEARCH AND PUBLICATION interviews in certain clinics, fabricating


patient consent forms and question-
The Research and Publication section of the Ethics
naires from patients participating in the
Codes contains more standards than any other sec-
project, and submitting false informa-
tion. Because this topic is fully explored in Volume 2,
tion in Study Daily Logs that recorded
Chapters 16 through 20, this handbook, competence
each days events. For 3 years beginning
in research receives less attention in this chapter.
December 7, 1998, Ms. _______________
is prohibited from serving in any advisory
Research
capacity to the PHS, and her participation
The ethical standards addressing research include
in any PHS-funded research is subject to
the following topics: obtaining institutional approval
supervision requirements.
for carrying out research; obtaining informed con-
sent from research participants; providing equitable Research fraud, including the fabrication of data
options to clients, patients, students, and other sub- or research results as reported here, may occur at the
ordinate research participants; offering inducements finest academic institutions, as graduate students
for participating in research; using deception; and faculty members fall prey to the pressures to
debriefing research participants; using animals publish, are careless about data collection, are over-
humanely in research; reporting research results; committed with academic responsibilities, or have
and a relatively recent addition, sharing research some other motive to commit fraud. Competence
data for verification by other investigators. in conducting research and reporting results is of
Providing informed consent to research partici- utmost scientific importance. The research outcomes
pants who are deciding whether to become involved contribute to the knowledge base in psychology,
is one of the most important phases of research. It potentially affecting those who do clinical work,
finds its genesis in four of the five General Principles: supervise, teach, and do management consulting as
Principle A, Beneficence and Nonmaleficence; well as those working in any area of psychology.
Principle B, Fidelity and Responsibility; Principle C,
Integrity; and Principle E, Respect for Peoples Rights
Publication
and Dignity.
Competence in publishing is largely grounded in
Transgressions in research are commonly reported
Principle C, Integrity, with an emphasis on honesty,
in the Newsletter of the Office of Research Integrity, a
truthfulness, and striving to keep promises and
branch of the U.S. Department of Health and Human
avoiding unwise or unclear commitments. The ethi-
Services (see http://ori.hhs.gov). One of the most
cal standards concerning publishing address plagia-
destructive ethical transgressions related to research
rism, publication credit, and publication ones data or
involves fraud. The following excerpt is an example
results as original work more than once. Plagiarism
of research fraud that was committed by a psychiatry
and publication credit appeared in an early form in
research assistant whose project was funded by a
the first edition of the Ethics Code (APA, 1953).
National Institute of Mental Health (NIMH) grant:
Assigning publication credit for a journal article
Case Example 10 when multiple authors are involved can be a com-
ORI [Office of Research Integrity] plex taskdeciding how to acknowledge the rela-
found that Ms. _______________, a for- tive merit of contributions made by each author.
mer research assistant, Department of And when students collaborate with faculty, or
Psychiatry at the University of Illinois at when a significant power differential emerges
Chicago, engaged in scientific miscon- because of academic rank, abuses have occurred
duct in clinical research supported by a with the lower ranking author being relegated to
grant from NIMH by fabricating data in secondary authorship even though the student
the records of 41 patients, including dates might have made the primary contribution. When
on which she claimed to have conducted an article is based on the students doctoral disserta-

168
Competence

tion, in a multiple-author article, the ethical stan- eating disorders, obsessivecompulsive disorder,
dard requires that the student be listed as the depression, and anxiety disorders, to name a few.
principal author. (More information about compe- More recently clinicians have been turning to
tence in scholarship can be found in Volume 2, computers to create virtual reality worlds for hospi-
Chapter 15, this handbook.) talized patients with serious burns who must
undergo painful debridement and changes of dress-
ing as a part of treatment (Hoffman, Patterson, &
USE OF TECHNOLOGY AND TELEHEALTH
Carrougher, 2000). Virtual reality systems also are
Psychologists are increasingly turning to computer being used to treat a variety of anxiety disorders
technology for a variety of reasonscomputer scor- such as phobiasfear of flying, fear of enclosed
ing for psychological assessment, managing the spaces, and so on. Competent training and ongoing
business aspects of their practice (e.g., billing), consultation, as needed, is important as a prerequi-
record keeping (as regulated by some state laws), site for carrying out these novel applications using
conducting research (e.g., engaging research partici- computer technology. As the potential for benefiting
pants and gathering data by using the Internet), pro- patients is vastly increased by means of using pow-
viding online information on a variety of topics, and erful instrumentation, such as computers that create
even offering clinical services via videoconferencing. authentic virtual reality experiences, so too may the
(More information on these topics can be found in potential for harming patients increase as well.
Volume 2, Chapters 10 and 18, this handbook.) Behavioral telehealth refers to the use of technology
The Ethics Code rarely seems to address compe- to deliver mental health care, including transmissions
tence in these areas, and the words information tech- channels (telephone lines or high-speed connections)
nology, computer, online, website, and e-mail are and devices (telecommunication devices such as tele-
nowhere to be found in the 2002 edition. However, phones, computers, modems, videophones, etc.;
it does discuss electronic transmission in four Maheu, Pulier, Wilhelm, McMenamin, & Brown-
standards (3.10, Informed Consent; 4.02(c), Connolly, 2005). Maheu et al. (2005) included a broad
Discussing the Limits of Confidentialtiy; 5.01(a), array of terms to be mastered when referring to tele-
Avoidance of False or Deceptive Statements; and health activitiese-counseling, cybercounseling,
5.04, Media Presentations) as well as in the cybertherapy, teletherapy, telemental health, telepsy-
Introduction and Application Section. Future revi- chiatry, e-therapy, and behavioral e-care. The use of
sions of the code are likely to include standards that telephones, e-mail, videoconferencing, and other
address competent rendering of psychological ser- means of electronic communication by psychologists
vices that are assisted by technology. can indeed be useful for those who live in remote
areas; are ill, elderly, disabled, or institutionalized (e.g.,
Computers in Clinical Work prisoners); or otherwise are unable to have face-to-face
For many years, computers have assisted clinicians in psychological treatment. (More information on the
providing biofeedback training to patients suffering ethical issues related to telehealth can be found in
chronic pain, headaches, Reynauds syndrome, and Volume 2, Chapter 10, this handbook.)
other maladies. Recent clinical research on neuro-
feedback, also known as EEG biofeedback, is helping Other Areas
in the development of interventions for patients with Competence in the courtroom is an area in which
behavioral problems, such as attention deficit hyper- psychologists rarely have had much formal education
activity disorder, learning disorders, and certain sleep before they receive their first subpoena, although
problems. Computer systems, including personal dig- there is an increasing trend to include law-related
ital assistants and cellphones, are being used for courses in graduate training. There is much to learn
patients who desire to log symptoms as they occur about being an expert witness, fact witness, or per-
throughout the day as well as therapeutic responses cipient treating expert, and how to competently dis-
as learned in psychotherapy, for those suffering charge those responsibilities in a judicial procedure.

169
Thomas F. Nagy

Before venturing into the forensic arena, psycholo- ETHICAL TRANSGRESSIONSEXCEEDING


gists should attend workshops or take courses. ONES COMPETENCE COMFORT ZONE
Psychologists who are interviewed by journalists in
Practicing outside ones area of competence can be a
the print or electronic media, or who regularly appear
distressing experience for both the psychologist and
on radio, television, or the Internet are well advised to
client or patient. This situation may emerge unpre-
seek education and training in these areas. (More
dictably, such as the scenario in Case Example 8.
information on dealing with media psychology can be
Other situations in which practicing beyond ones
found in Volume 2, Chapter 11, this handbook.)
area of competence may occur follow:
Being the sole practitioner in a rural area and
TRANSITIONING TO NEW AREAS
being expected to treat anyone seeking your
OF COMPETENCE
services, regardless of your education, training,
Sometimes psychologists wish to change their area of supervision, or clinical experience
practice, such as (a) the psychotherapist who wishes Taking a brief workshop or training session in
to move into the field of management consulting, a new modality of treatment and attempting to
or vice versa; (b) the group therapist who wishes to employ it with a particularly challenging patient
specialize in sports psychology and performance without consultation or supervision
enhancement; (c) the researcher working in a univer- Suffering a physical disorder (e.g., chronic pain)
sity setting who desires to assess or treat patients; or mental disorder (e.g., major depression) and
(d) the neuropsychologist who wishes to specialize in attempting to continue fulfilling your psycho-
forensic psychology; or (e) the clinician who wishes logical duties
to add hypnosis or biofeedback training to her reper- Using, scoring, and interpreting a psychological test
toire. Each of these situations requires the psycholo- on which you have little or no experience or train-
gist to acquire a basic body of skills and knowledge ing and for which you have never read the manual
before attempting to assume the new responsibilities. Being in a deposition or providing court testi-
In some cases, the change might require additional mony and encountering a clever attorney who
coursework, supervised professional experience, and induces you to make statements or judgments
a written examination, such as in the case of the about an individual that you cannot support
researcher turned licensed practitioner. In other cases, Being encouraged by an attorney who has hired
the psychologist may simply need additional study you to take positions of advocacy on behalf of
and training, extensive consultation with a psycholo- her client when you may feel uncertain about
gist already proficient in the new area, or other educa- doing so
tion experiences addressing current issues relevant to Supervising a trainee in an area in which you
competence, such as in the case of the licensed neu- yourself are not proficient
ropsychologist wishing to specialize in forensics. Becoming overly friendly with a supervisee and
The range of professional competence within losing your ability to provide objective and com-
psychology is sufficiently broad that expertise in one petent supervision
area does not necessarily readily translate into Being overly enterprising in the business aspects
another. Someone may be adept at treating certain of developing your independent practice, and
personality disorders but have little awareness of the claiming competence in assessment and treatment
highly adversarial nature of the forensic setting or when you lack adequate knowledge and skills
how to best serve as an expert witness in rendering Dealing with situations best described as outliers,
courtroom testimony before a judge and a jury. A such as being proficient in marital therapy but
psychologist contemplating passage into new terri- never having encountered a raging and poten-
tory is wise to consult not only those already experi- tially violent husband in your office, face to face
enced but also the appropriate APA division for Paying research participants too much money
guidance about how to best go about this transition. as an inducement, resulting in coercing their

170
Competence

engagement in the protocol and possibly biasing competent parent may be harmed by an unwarranted
the data unfavorable decision by the court resulting in a
Teaching a course or seminar in which you care- reduction in visitation rights or loss of physical or
lessly make inaccurate statements, misstate the legal custody.
research, overgeneralize, oversimplify, minimize, Child custody evaluations are inherently stressful
exaggerate, spin, or otherwise distort the infor- for parents, children, extended family members, and
mation that you present other participants. They can lead to ill feelings and
Transitioning to a new area of competence such strained relationships among parents who, in most
as the psychotherapist who wants to begin a spe- cases, will be working together to raise the children
cialty in management consulting, but fails to take after a court decision is made. For this reason, in
coursework, do the requisite study, or obtain addition to carrying out the evaluation competently
consultation or supervision. and accurately, a good psychologist will try to mini-
mize harm by having a thorough informed consent
It is clear that there are many reasons why a well- process that is ongoing throughout the evaluation,
intentioned and ethically observant psychologist including explaining decisions clearly; ensuring that
might stray beyond the boundaries of his or her collateral contacts understand how their information
competence, as discussed above. There are conse- will be used; and, in general, making an effort to min-
quences for both the client and as discussed above imize the stress of the process. As a result, the parents
the psychologist when this happens. will understand the steps in the process and the rea-
sons why things are being done the way they are, and
Consequences for the Client or Patient they will feel secure that their concerns will be heard.
Sometimes individuals may feel or be harmed by a Another example would be the male therapist
psychologist who exceeds her boundary of compe- who has a difficult ongoing life stress and then
tence, particularly when they have suffered a tangi- becomes overinvolved with a challenging patient,
ble loss due to an improper technique or procedure. such as a young, flirtatious woman diagnosed with
This can be a financial loss, such as continuing to borderline personality disorder. Consider the thera-
pay for ongoing treatment with an incompetent pist who has recently experienced a difficult and
therapist instead of being referred elsewhere, or painful divorce and now succumbs to the seductive-
some other type of loss that is experienced as harm- ness of his new patient, develops a sexual relation-
ful or destructive. ship with her, stops treating her but continues the
One example would be a court-ordered psycho- relationship, and then ends the romantic relationship
logical evaluation of divorcing parents who are in some months later. He diminished his competence
litigation for child custody (as described in Case the moment he acted on the sexual attraction, even
Example 9 earlier in this chapter). Lapses in compe- though his intent may not have been to exploit the
tence might include any of the following: using inap- patient in any way. By becoming sexually involved,
propriate means of assessment, spending significantly he has severely eroded his objectivity and ability to
more time assessing one parent than the other, mak- competently treat her. By discontinuing treatment,
ing obvious omissions in the assessment procedure, he has truncated her therapy in the interest of pursu-
making errors in scoring and interpreting tests, mak- ing the love affair and likely has severely damaged
ing inaccurate statements in a psychological report, her ability to trust future therapists or treatment set-
or making inaccurate statements in a deposition or tings. By finally ending the sexual relationship and
court proceeding. The psychologist who performs in rejecting her, he gives the former patient reason to
a substandard manner may negatively affect the out- feel betrayed, angry, depressed, and even suicidal.
come of a custody settlementharming both the Even if this scenario had turned out otherwise
child and the parent. The child might be harmed with no sexual relationshipthe potential still exists
if placed with the less competent parent and sub- for impaired competence when the psychologist
jected to abusive or neglectful parenting. The more internally responds to feelings of sexual attraction.

171
Thomas F. Nagy

Although not necessarily unethical, natural feelings of psychologist to maximize and maintain professional
sexual attraction for a patient can alter treatment if competence by continuously engaging in self-moni-
not properly addressed. The therapist may feel his toring for each of the professional roles that he or she
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