ETHICAL, LEGAL, AND

PROFESSIONAL ISSUES

SAT T LER C HAPT ER 3

 LAW VS. ETHICS

Laws: Ethics:
• Imposed by • Derived from
legislative bodies philosophical ideas
• Requires and professional
interpretation norms
• Distinction between • Imposed on
civil and criminal members of a
law profession
• Civil law uses fewer • Has a moral basis
exacting standards
ETHICAL DECISION-MAKING MODEL

Step 1: Step 2: Step 3:

Recognition of Definition of the Developing
a problem problem solutions

Step 6:
Step 5: Step 4:
Implementing
Reviewing the Choosing a
and evaluating
process solution
the decision

Step 7:
Continued
reflection
 GENERAL PRINCIPLES OF ETHICAL
CONDUCT

• Respect for rights of others to make their own choices and hold
Autonomy their own beliefs

Beneficence and
• Promoting positive growth & welfare of others and do no harm
Nonmaleficience

• Acting fair, impartial & reasonable

Justice

Fidelity
• Establishing trust and awareness of responsibilities
and Responsibility

• Promoting accuracy, honesty, and truthfullness

Integrity
 PRINCIPLES RELATED TO
CONDUCTING ASSESSMENTS

Human Privacy and

Competence
Relations Confidentiality

Record
keeping and Assessment
Fees
 GUIDELINES FOR WORKING WITH
DIVERSE POPULATIONS

▪ Providing information about services

▪ Knowing relevant research

▪ Considering ethnic and cultural factors

▪ Respecting family members,

community and religious beliefs
 GUIDELINES FOR WORKING WITH
DIVERSE POPULATIONS (CONT.)

▪ Using client’s language

▪ Considering school, environmental, and

political factors

▪ Eliminating bias, prejudice, and discriminatory

factors

▪ Documenting cultural and socio-political

factors
 RECORD-KEEPING GUIDELINES
▪ Responsibility for records
▪ Content of records
▪ Confidentiality of records
▪ Disclosure of record-
keeping procedures
▪ Maintenance of records
▪ Security
▪ Retention of records
▪ Preserving the context of
records
▪ Electronic records
▪ Record keeping in
organizational settings
▪ Multiple client records
▪ Financial records
▪ Disposition of records
 FAIR TESTING PRACTICES IN
EDUCATION

▪ Developing and Selecting

Appropriate Tests

▪ Administering and Scoring Tests

▪ Reporting and Interpreting Test Results

 RELEVANT FEDERAL LAWS
TO ASSESSMENT

▪IDEA 2004 & Every Student Succeds

Act (2015)
▪Section 504
▪ADA (1990)
▪FERPA (1974)
▪HIPAA (1996)
CONFIDENTIALITY AND PRIVILEGED
COMMUNICATION

▪Confidentiality-is the ethical obligation

of a professional not to reveal
information without specific consent.

▪Privileged Communication-legal status

granted by state and federal laws to
communications made to designated
individuals.
 EXCEPTIONS TO CONFIDENTIALITY

When a minor child poses

a threat to himself or
When there is a When a child poses a
herself in any situation in
reasonable suspicion of which the minor is in physical threat to another
child maltreatment person
danger of death or
imminent serious harm

When the delay of When treatment is

medical treatment needed to decrease
would pose a health risk to the physical pain of a
a minor minor child
 INFORMED CONSENT

▪ Informed consent must be obtained utilizing

language that is reasonably understandable to the
person or persons.
▪ Must be properly documented by the
psychologist. Consent could be written or oral.
▪ When securing consent from persons who are
legally incapable, psychologists must provide:
▪ An appropriate explanation
▪ Seek the individual's assent
▪ Consider such persons' preferences and best interests
▪ Obtain appropriate permission from a legally authorized
person
 SOURCES OF POTENTIAL ETHICAL
CONFLICT

▪ An ethical psychologist:
▪ Never manipulate clients to give certain responses
▪ Never avoid asking certain questions or using certain
instruments because you think the answers or findings might
be detrimental to your case
▪ Never overlook information that does not support the
outcome you want
▪ Never withhold information
▪ Never shade or color findings
▪ Never lie
STEPS FOR AN ETHICAL PRACTICE

Develop ethical Be aware of

Exercise power with
reasoning skills motivations and
care
and sensitivity interests

Understand
implications of Be sensitive about
Learn limits of
assessment findings how results are
professional role
and received
recommendations

Incorporate ethical
Develop and
thinking into all
follow self-values
phases of work
POTENTIAL VIOLATIONS OF FEDERAL
LAWS OR STATE REGULATIONS

Misuse of assessment instruments

Wrongful use of derived data

Performing outside of competence

Misinterpretations of assessment data

Invasion of privacy

Violation of confidentiality
 FUNDAMENTALS OF ETHICAL
PRACTICE

Practice within competence

Know current laws and regulations

Familiarity with ethics code

Obtain sufficient training

Understand impact on others

Think critically about interventions

 FUNDAMENTALS OF ETHICAL
PRACTICE (CONT.)

Think critically about conduct

Think critically about being objectiv e

Think critically about feelings

Know professional role

Ev aluate any reasons behind client relationship

Ev aluate length of client relationship

Ev aluate topics cov ered