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All content following this page was uploaded by Samuel Knapp on 21 December 2020.
To cite this article: Samuel Knapp , Michael C. Gottlieb & Mitchell M. Handelsman (2020):
Empowering psychologists to evaluate revisions to the APA ethics code, Ethics & Behavior, DOI:
10.1080/10508422.2020.1778479
ABSTRACT KEYWORDS
The authors argue that individual psychologists have an obligation to Ethics; ethics code;
understand, review, and comment on upcoming revisions of the Ethical aspirational ethics
Principles of Psychologists and Code of Conduct. Psychologists may want to
consider several factors as they review and prepare comments on these
revisions. Among other things, commenting psychologists should consider
(a) the purposes of ethics codes and how the writing of a code can meet or
balance these often-conflicting purposes; (b) the overarching ethical theory
or theories that should form the basis of the APA Ethics Code; and (c) the
extent to which individual standards are useful and comprehensive, and
avoid unnecessary harm to both the public and psychologists. The authors
provide examples from the current and recent APA Ethics Codes to illustrate
the types of decisions that psychologists must make when evaluating
revisions to the APA Ethics Code.
Professions are occupations that require advanced training, responsibility to others, the use of
judgment in daily practice (as opposed to the application of predetermined procedures), and an
obligation to advance public well-being (Cruess et al., 2004). At this writing, the American
Psychological Association has appointed a task force to begin drafting revisions to its Ethical
Principles of Psychologists and Code of Conduct (American Psychological Association, 2017; herein
after referred to as the APA Ethics Code, or Code). The membership will have the opportunity for
input before the APA Council of Representatives officially votes to approve the Ethics Code. The
purpose of this article is to assist psychologists in identifying some of the issues they should consider
when they evaluate the forthcoming revisions.
Because of the complexity of the Code and its applicability across the wide range of psychological
practice and research, our review cannot be comprehensive. Instead, we identify some of the major
issues to be considered, based upon four assumptions. First, we assume that the final version of the
Code will turn out to be more useful, be less ambiguous, and avoid more inadvertent harm if many
psychologists review and comment on the draft changes to the Code. Members of the American
Psychological Association represent a great diversity in age, income levels, gender, gender identifica
tion, cultural backgrounds, religious beliefs, and work experiences that no small deliberative group
can match. Only those who engage in those areas of practice, teaching, or research will fully
understand the unique ethical issues found in their domain of work. Consequently, the Ethics
Code will avoid inadvertently problems by having a wide variety of psychologists review it and
offer perspective that may not seem obvious to others.
Second (and in addition to being a matter of enlightened self-interest), we assume that all
psychologists have an obligation to review potential changes to the Code, stemming from their
obligations to practice ethically and to understand the ethical implications of their professional
behavior. One’s responsibility for ethical behavior, and therefore to review changes to the Code,
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2 KNAPP ET AL.
cannot be delegated to others. Doctoral programs commonly include provisions in their student
handbooks that students agree to comply with the APA Ethics Code as a condition of enrollment as
a student. In addition, psychologists who retain membership in APA agree to abide by these
standards. Also, psychologists who become licensed agree to abide by the standards of the licensing
board which are either identical to the APA Ethic Code or a modified version of the Ethics Code. It
would seem reasonable that psychologists should understand the standards that they have committed
themselves to follow and object and seek to change proposed standards that they deem unwise.
Finally, not all psychologists can be experts on ethics, but all psychologists should have some
familiarity with the goals and structure of the APA Ethics Code and the types of decisions that are
made when revising it. Psychologists who study the revisions of the Ethics Code should be better
prepared to understand and implement the new version of the Ethics Code more effectively. They
are more likely to act ethically if they understand the moral foundations of the APA Ethics Code and
the reasons why the standards are written the way they are.
In this article we consider some of the factors that psychologists should consider when they
evaluate and prepare comments to proposed revisions to the APA Ethics Code. By necessity, this
review cannot consider all the potential factors that need to be considered. Nonetheless, we suggest
that psychologists should consider whether the standards of the APA Ethics Code fulfill the purposes
of an ethics code, whether the standards are based on an overarching ethical theory, whether the
individual standards of the APA Ethics Code are useful and comprehensive, and whether they avoid
unnecessary harms. We review the purposes of the APA Ethics Code and then we consider factors
involved in writing individual enforceable standards.
prohibits psychologists from engaging in sexual harassment (Standard 3.02) and mandates that
psychologists protect the public by demonstrating competence when delivering services (Standard
2.01) and seeking the informed consent of psychotherapy patients (Standard 10.01). As researchers
and scholars, psychologists agree to seek the informed consent of research participants (Standard
8.02, albeit with a few exceptions, Standard 8.05), treat animals humanely (Standard 8.09), and avoid
plagiarism (Standard 8.11) among other obligations.
In addition, most state boards of psychology – in an effort to fulfill their public protection
mission – have adopted the APA Ethics Code, or some variation of it, as part of their regulations
governing their licensees. Although all members of APA (both practitioners and researchers) are
expected to adhere to the APA Ethics Code, licensed nonmembers of APA must also follow it to the
extent that it is embodied in the regulations of state boards of psychology.
to protect psychologists from harm to themselves from dangerous persons in the same way that
psychologists have a duty to protect members of the public from dangerous patients. Nonetheless,
psychologist self-protection is explicitly recognized in this standard.
attorneys prohibited them from advertising their fees; courts later banned these restrictions (Martin,
2000), and the APA was forced to make similar changes to the APA Ethics Code at that time
(Koocher, 1994.) These and similar problems with ethics codes led Dunbar (1998) to claim that
ethics codes provide only a veneer of respectability with little intent to improve the behavior of its
members. Pope (2016) made similar charges that the 2002 APA Ethics Code largely protected guild
interests.
These criticisms need to be taken seriously, as it is possible that any profession could, either
deliberately or inadvertently, include provisions in a code that promotes its own interests at the
expense of public welfare. No ethics code can be entirely free of self-serving elements, but these
elements can be kept in check if the ethics code rests upon a foundation derived from an overarching
ethical theory. More specifically, the drafters of any ethics code should be able to point to an ethical
theory to justify the enforceable standards within the code, because ethics codes “are justified by
general moral requirements” (Beauchamp & Childress, 2019, p. 7). For example, informed consent
standards derive from the foundational principle of respect for autonomy, which itself could be
justified by deontological theory.
1
Other organizations may have differing theoretical foundations for their ethics codes. For example, the American Association of
Christian Counselors states that a foundational source of their code is The Holy Scriptures (American Association of Christian
Counselors, 2014) and the Feminist Code of Ethics is rooted in feminist ethics which gives special emphasis to issues of
oppression and social activism (Larsen & Rave, 1995).
2
These six principles correspond roughly, but not exactly, to the five aspirational principles of the APA Ethics Code. For example,
the APA Ethics Code combines beneficence and nonmaleficence into one principle. Nonetheless, the content of these principles
is largely congruent.
6 KNAPP ET AL.
should understand when a psychologist has violated or fulfilled a standard. Standards are compre
hensive when they are written in a sufficiently broad manner to cover the anticipated behaviors.
At first glance, these criteria seem straightforward and noncontroversial. Some standards can
meet all the criteria easily, such as the foundational standard that prohibits psychologists from
engaging in unfair discrimination (3.01), and application standards such as those that prohibit sexual
harassment (3.02), sexual exploitation (10.05), harm to research participants involved in experiments
involving deception (8.06b), or fabricating research data (8.10a).
In other situations, standards must balance usefulness, comprehensiveness, and avoidance of
unnecessary harm. A standard might not be entirely comprehensive without losing some of its
usefulness, or a standard might be comprehensive but create or increase the possibility of an
avoidable harm. In this section, we provide examples of how the current or previous versions of
the APA Ethics Code have managed some of these conflicts.
NASP standard requires school psychologists to tell them of the possibility that they could get free
services from the district.
Such a detail may be appropriate in a code of ethics for school psychologists, but reviewers of the
APA Ethics Code need to consider whether such details would be appropriate in a code of ethics for
all psychologists, or whether it would be better addressed in guidelines or commentaries on the APA
Ethics Code. If such details should be included in the APA Ethics Code, should the Code attempt to
identify and address common conflicts of interest for I/O, forensic, child, sports, or other psychol
ogists? To do so would increase the comprehensiveness of the Code; however, this and similar
additions could greatly expand the length of the APA Ethics Code to the point of it being unwieldly,
thereby detracting from its usefulness. In addition, the expansion of the list risks reducing the APA
Ethics Code to a checklist and minimizes the importance of professional judgment and decision
making. The drafters and reviewers of the Code need to determine if increased comprehensiveness
would outweigh the usefulness of brevity. The APA guidelines may serve a function here, to the
extent that they can expand upon the application of enforceable principles in specific areas of
practice.
The wording of a standard may require balancing usefulness with comprehensiveness. For
example, Lindsay (1996) commented that Standard 1.17 of the 1992 APA Code, which addressed
multiple relationships, was too long because it enumerated persons for whom multiple relationships
should be avoided (“persons such as patients, clients, students, supervisors, or research participants”;
American Psychological Association, 1992). He claimed that listing these exemplars should be
avoided, because the wording is redundant, adds to the length of the code unnecessarily, and
precludes thoughtful deliberation. On the other hand, Martindale (2007) praised standard 1.17 of
the 1992 version of the APA Ethics Code and criticized the 2002 revision, which deleted references to
examples of the groups that could be impacted by a multiple relationship.
The drafters of the 2002 revision appear to have reached the same conclusion as Lindsay, deleting
the list of persons with whom multiple relationships should be avoided. The Code simply notes that
such relationships should be avoided if they “could reasonably be expected to impair the psychol
ogist’s objectivity, competence, or effectiveness in performing his or her functions as a psychologist,
or otherwise risk exploitation or harm to the person with whom the professional relationship exists”
(Standard 3.05a). Listing all the impacted persons will not increase the comprehensiveness or
applicability of the code, but it does increase its length and may reduce its usefulness. Revisions of
the APA Ethics Code must continue to balance the benefits of comprehensiveness with the draw
backs of having an unacceptably long and detailed code that inadvertently may reduce the need for
professional judgment.
they would (1) allow professional judgment on the part of the psychologist; (2) eliminate injustice or inequality
that would occur without the modifier, (3) ensure applicability across the broad range of activities conducted by
psychologists; or (4) guard against a set of rigid rules that might be quickly outdated.
EMPOWERING PSYCHOLOGISTS TO EVALUATE REVISIONS TO THE APA ETHICS CODE 9
This perspective on including qualifiers rests on the belief that “no moral theory or professional
code of ethics has successfully presented a system of moral rules free of conflicts and exceptions”
(Beauchamp & Childress, 2019, p. 16).
Modifiers in standards allow psychologists to use their discretion when necessary to implement
the code. For example, psychologists should initiate the informed consent process consistent with the
principle of respect for patient autonomy. However, sometimes the principle of respect for auton
omy may conflict with beneficence. For example, psychologists may have initial sessions with
patients who exhibit an imminent danger of harming themselves. Here, the obligations to protect
the safety of the patients by creating suicide management strategies quickly (consistent with the
principle of beneficence) may conflict with the obligation to inform the patient of the many facets of
treatment and office policies (consistent with the principle of respect for patient autonomy).
As one example of the use of modifiers, psychologists who focus conscientiously on fulfilling the
obligations of respecting patients’ autonomy before treatment begins (informed consent) may risk
violating their moral obligation to promote the well-being of their patients. Consequently, Standard
10.01a balances these potentially competing obligations by requiring psychologists to have the
informed consent discussions “as early as feasible.” This phrasing avoids the absurd situation
where a psychologist would violate the APA Ethics Code by working to save the life of a suicidal
patient instead of spending the time reviewing the informed consent document’s information about
office forms, use of credit cards, and other mundane billing and office details. Although beneficence
(providing services to the patient) trumps respect for patient autonomy (informed consent), an effort
is made to minimize harm to respect for patient autonomy by having the informed consent
discussions “as early as feasible.”
DISCLOSURE STATEMENT
No potential conflict of interest was reported by the authors.
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