Ethics for Psychologists _______________________________________________________________________
• Disposition of records: The psychologist plans for trans- fer of records to ensure continuity of treatment and appropriate access to records when the psychologist is no longer in direct control, and in planning for record disposal, the psychologist endeavors to employ methods that preserve confidentiality and prevent recovery. Confidentiality is a concern in each of the following cases: • A client refers a friend or family member for treatment. • Information regarding clinical treatment of a client is overheard. • Patient records are stolen from a parked car. • A family member requests information regarding a cli- ent’s issues. • A release of records is requested for one member of a couple being seen jointly, and the records contain information about the other member as well. Privileged communication is defined as the legal right of an individual to keep confidential disclosures from any judicial proceeding or court of law. The legal definition may vary according to state statutes and laws. The California Evidence Code section 1014 notes [17]: The patient, whether or not a party (to a legal proceeding), has a privilege to refuse to disclose, and to prevent from dis- closing, a confidential communication between patient and psychotherapist if the privilege is claimed by: (a) The holder of the privilege (e.g., the client). (b) A person who is authorized to claim the privilege by the holder of the privilege (e.g., parent or legal guardian). (c) The person who was the psychotherapist at the time of the confidential communication, but the person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure (e.g., the client, parent, or legal guardian). Issues of privilege include: • A client puts his or her mental health at issue in a work- ers’ compensation case. • A client is mandated for evaluation by federal or state law. • A child seeks treatment independently from his or her family. • A victim of crime seeks treatment. • A psychologist seeks to limit information to a govern- ment agency regarding treatment following receipt of a subpoena.
• A psychologist seeks to obtain evaluation records of a patient undergoing a legally mandated evaluation and has authorization from the patient but not from the holder of privilege (the legally mandated referral agency). The APA Ethics Code addresses standards of privacy and confidentiality in Standard 4: Privacy and Confidentiality. This standard is reprinted with permission in the following sections [8]: 4.01 Maintaining Confidentiality Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship. (See also Standard 2.05, Delegation of Work to Others.) 4.02 Discussing the Limits of Confidentiality (a) Psychologists discuss with persons (including, to the extent feasible, persons who are legally incapable of giving informed consent and their legal representatives) and organizations with whom they establish a scientific or professional relationship (1) the relevant limits of confidentiality and (2) the foreseeable uses of the infor- mation generated through their psychological activities. (See also Standard 3.10, Informed Consent.) (b) Unless it is not feasible or is contraindicated, the discus- sion of confidentiality occurs at the outset of the relation- ship and thereafter as new circumstances may warrant. (c) Psychologists who offer services, products, or informa- tion via electronic transmission inform clients/patients of the risks to privacy and limits of confidentiality. 4.03 Recording Before recording the voices or images of individuals to whom they provide services, psychologists obtain permission from all such persons or their legal representatives. (See also Standards 8.03, Informed Consent for Recording Voices and Images in Research; 8.05, Dispensing with Informed Consent for Research; and 8.07, Deception in Research.) 4.04 Minimizing Intrusions on Privacy (a) Psychologists include in written and oral reports and consultations, only information germane to the purpose for which the communication is made. (b) Psychologists discuss confidential information obtained in their work only for appropriate scientific or profes- sional purposes and only with persons clearly concerned with such matters.
40
EliteLearning.com/Psychology
Powered by FlippingBook