Ethics Final Credentialing and Related Laws in Georgia, Exams of Psychology

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Ethics Final

credentialing - 3 forms: registry, licensure, certification Registry - a voluntary listing of individuals who use a title or provide a service certification - recognizes competence of practitioners by authorizing them to use the title adopted by the profession Licensure - (most desirable form of credentialing). Form of professional regulation (created by legislation), that highlights the uniqueness of an occupation, and restricts both the use of the title and the practice of an occupation. state agency certification - Georgia Composite Board of Licensed Professional Counselors, Social Workers, and Marriage and Family Therapists - Board is charged by law with regulating the practice of professional counseling, social work, and marriage and family therapy in order to protect the health, safety and welfare of the people of Georgia. It does so by enforcing the education and training requirements established by law for licensure in each profession, by adopting and enforcing a code of ethics governing licensees, by establishing and enforcing continuing education requirements, and by addressing unlicensed practice in these professions. Licensed Professional Counselors Association (of Georgia) - LPCA -lobbying association for counselors

National board for certified counselors - NBCC- writes the national exam that we take for licensure direct liability - Liability that occurs when supervisors are derelict in the supervision of their trainees, when they give trainees inappropriate advice about treatment, or when they give tasks to trainees that exceed their competence. indirect liability - Pertains to the responsibilities that supervisors have because of the actions of their supervisees. Legal responsibility of supervisors for the negligent acts of supervisees if these acts are provided within the scope of the supervisory relationship. peer consultation - Not liable for malpractice organizational consultation - (fitness for duty) liable for malpractice Schrader v. Kohout (1999) - Case where patient filed suit against psychologist and consulting psychologist. Resulted in there can be no liability for malpractice in the absence of a physician-patient relationship. common factors theory - Therapeutic outcomes: Therapeutic relationship accounts for 30% Client traits for 40% Technique for 15% Hope Expectancy 15%

competence - Both an ethical and a legal concept related to the ability to do something informed consent - Most well known way to deal with confidential communications is to provide good therapeutic structure Type 1 consecutive shift - individual to couple type 2 consecutive shift - couple to individual type 3 consecutive shift - couple to individual to couple Six C's of couple counseling - competence: education, training, supervision, continuing professional development confidentiality: complete, conditional (limited), and no confidentiality (no secrets policy) clarification of roles: clients identified, conjoint therapy, collateral visits, comingled records consecutive shifts: Type 1, 2, & custody evalutations: formal custody, parental fitness, supervised visitation, unification plan Child abuse reporting/elder abuse reporting Unethical for group leaders to use techiniques: - without adequate training that are unfamiliar to the group leader solely to create an intense atmosphere to serve a hidden agenda or enhance power

to pressure member or deprive them direct community services - providing preventative education. (e.g., providing preventative education, seminars, screenings) indirect community service - influencing policy makers. (e.g., legislation) direct client service - (e.g., providing counseling, outreach activities) indirect client services - (e.g., providing client advocacy and referrals) Tarasoff v California - duty to warn readily identifiable victim. "client's right to privacy ends where public peril begins" Bradley v. Wessner - negligent release of a dangerous client resulted in duty to contain and control Jablonski v. United States (1983) - failure to commit a dangerous individual resulted in duty to review records and commit. Jaffee v. Redmund (1996) - communications between therapist and client are privileged and protected from forced disclosure. (Client records were desired by the court for a Police officer who shot someone in line of duty). Garner v. stone (1999) - No Georgia statutory immunity for duty to warn or protect; never appealed, not case law

135-5-.01 in GA rules and regulations - the requirements for licensure and the restrictions on practice for Associate Professional Counselors OCGA 43-10a-7 - OCGA law for Licensing requirement; exceptions (a) Except as otherwise provided in this chapter, a person who is not licensed under this chapter shall not practice professional counseling, social work, or marriage and family therapy, nor advertise the performance of such practice, nor use the title "professional counselor," "associate professional counselor," "social worker," "marriage and family therapist," or "associate marriage and family therapist," nor use any words, letters, titles, or figures indicating or implying that the person is a professional counselor, associate professional counselor, social worker, marriage and family therapist, or associate marriage and family therapist or is licensed under this chapter OCGA 43-10A-3 - Administers and interprets educational and vocational assessment instruments and other tests which the professional counselor is qualified to employ by virtue of education, training, and experience. OCGA 24-5-501 - expanded client/therapist "privelege" to invlude LMFT, LPC, LCSW, and MHN OCGA 19-7-5 - Ga law of mandated reporting when there is a resonable cause to believe abuse or neglect has occurred to a child, elder, or disabled adult Licensure Acts - Specifies what the holder of a license can do and what others cannot do. What percentage of supervises say their supervisors engage in unethical behavior? - 51%

Of the percentage of supervisee reporting unethical supervisor behavior, what was percentages were due to inadequate evaluation of supervisees and inapproapriate sexual issues? - 33% & 1% Prioritizing stakeholders in resolving ethical conflicts -

1. Client
2. Supervisee
3. Supervisor
4. Agency, program, admin needs Contemporaneous notes - 2005 Composite board review made by supervisor AND supervisee Emory University v. Dianne Porubiansky - Trainee is responsible for same standard of care as licensed professional. Informed consent that the student is in training does not release the student from duty. Simmons v. United States - Supervisor knew of sexual impropriety and allowed it to continue Indirect- supervisee did something wrong. Supervisor is liable. Shuffer v. Trustees of California State University and Colleges (1977) - faculty may require students to complete special requirements as long as requirements are not arbitrary. Board of Curators of the University of Missouri v. Horowitz - dismissing a student for non-academic reasons does not violate constitutional rights.

The US Supreme Court upheld the decision to dismiss the student, explaining that because the dismissal was based on a careful and deliberate decision-making process, the student's constitutional rights had NOT been violated. Referrals - -Ethical only when therapist is incompetent -Counseling programs can be held legally liable for counselors who graduated from their program and prove to be incompetent (*TA study guide) -When it becomes clear that a client's counseling needs exceed our competence, we must: both develop the competence necessary to effectively treat the client and REFER this client to another professional who possesses the competence to meet this client's counseling needs. Supervision vs. Consultation - Supervision holds the supervisor liable, and is an agreed upon relationship with legal guidelines. Consultation: a process in which a professional assists a consultee with a work-related problem with the goal of helping the consultee and client. Not liable legally Supervision vs. Psychotherapy - -Supervision focuses on the client's life -Therapy focuses on the trainee's life -The emphasis of supervision needs to be on the enhancement of supervisees' work with their clients and students need to be referred to personal therapy if needed True or False: sexual abuse does not include consensual sex acts when between minors and between adult and minor if adult is not more than 5 years older - True GA Composite Board 135-5-.01 Supervisor Definition -

means a licensed Professional Counselor, Clinical Social Worker, Marriage and Family Therapist, Psychologist, or Psychiatrist who complies with the ethical standards of practice of their profession with particular attention being paid to prohibited dual relationships. In addition, (i)a supervisor who holds a master's degree must have three (3) years of post-licensure experience; and (ii)a supervisor who holds a specialist degree must have two (2) years of post-licensure experience; and (iii)a supervisor who holds a doctoral degree must have one (1) year of post-licensure experience; and (iv) for supervision entered into after September 30, 2018, a supervisor who is a Licensed Professional Counselor must hold either a National Board of Certified Counselors (NBCC) Approved Clinical Supervisor credential or a Licensed Professional Counselors Association of Georgia (LPCAGA) Certified Professional Counselor Supervisor credential. (v) however, the Board in its discretion may approve a supervisor whose experience is substantially similar to those stated herein. (vi) in a supervised practicum or internship which is part of the graduate degree program, either the course instructor of record or the on-site clinical instructor must be a qualified supervisor OR, in the education of rehabilitation counselors, may be a Certified Rehabilitation Counselor. GA Composite Board 135-5-.01 Requirement for Licensure -

1. Education. The applicant must have earned a master's degree in a program primarily counseling in content or in a program of applied psychology, which degree includes a supervised practicum or internship of at least 300 hours which was part of the degree program, from an institution which, at the time the degree was awarded, was accredited by a regional body recognized by the Council on Higher Education Accreditation. After September 30, 2018, 600 practicum or internship hours will be required. After September 30, 2018 the degree program must be accredited by the Council on Accreditation of Counseling and Related Educational Programs (CACREP), the Council on Rehabilitation Education (CORE) or a regionally accredited program recognized by the Council on Higher Education Accreditation (CHEA). The approved program must be substantially similar in coursework and content to a CACREP or CORE accredited program. The applicant must document graduate level coursework from such an accredited institution in order to demonstrate that the degree program is either primarily counseling in content or a program of applied psychology. 2.Registration of a contract for obtaining postmaster's directed experience under supervision. The applicant shall register with the Board an acceptable contract, the Directed Experience Under Supervision Contract, for obtaining the post-master's experience required for licensure as a Professional Counselor. The applicant is responsible for notifying the Board of any changes in the contract, by submitting a new contract within fourteen (14) days of the change. Directed experience sites in the contract must meet the requirements of rule 135-5-.01(a) (6) above, the definition of "Directed Experience".
2. Examination. To qualify for licensure as an associate professional counselor, applicant must pass the r

How many years post-licensure experience does an LPC need to become a supervisor? - 3 What is the maximum number of supervisees allowed in group supervision according to the GA Composite Board? - 6 supervisees What is the maximum number of supervisees allowed in individual supervision according to the GA composite board? - 2 supervisees Who is required to maintain a record of date, duration, type, and content of supervisory sessions? - Supervisor and supervisee Recommendations in using group techniques -

1. should have a therapeutic goal/purpose
2. should be grounded in a theoretical framework
3. LEaders should use techniques they are familiar with
4. Client self-exploration should be fostered and encouraged
5. leaders should modify for cultural competence
6. techniques should not be theatrical or haphazard
7. exercises introduced in a timely manner
8. group members should be given freedom to pass or participate
9. leaders be aware of potential impact of techniquea When responding to an ethics complaint, what is the advice that Doverspike gives when considering the ethics committee members who may be adjudicating the complaint? - Be a colleague, not an advisory.

Regardless of one's own theoretical perspective, Doverspike recommends when responding to an ethics complaint, a respondent should - THINK LIKE A BEHAVIORIST! when explaining details When responding to an ethics complaint or peer review, Doverspike advises that the clinician's main task is to - EXPLAIN WHAT HAPPENED IN TERMS OF SPECIFIC DETAILS, EVENTS, AND DATES Responding to Ethical Violations in Organizations - (Change, Leave, Adjust, Do) Reconceptualization - Change perception Withdrawal - Leave situation Accomodation - Adjust to situation Remediation - Attempt to change situation Alternative Counselor Role - Change agent - assist in developing political power in client Consultant - teach skills to interact successfully within community Advisor - discuss ways to deal with environmental problems related to personal problems Advocate - speak on behalf of client to remedy a problem resulting from oppression or discrimination Ethical Issues in Group Membership - -Screening and selection (be sure group members will not be harmed) -Confidentiality cannot be guaranteed for the members of a therapy group, though it is encouraged Feminist view of family therapy - An approach that focuses on the gendered use of power in relationships and an attempt to encourage a personal commitment to challenge gender inequity. Gender sensitive couples and family therapy -

Family therapy is conducted in an egalitarian fashion, and both therapist and client work collaboratively to empower individuals to choose roles rather than to be passive recipients of gender- role socialization Where does competence begin for MFT counselor? - Begins in your family of origin or your own history Ethical Considerations in Managed Care - managing expectations and obtaining informed consent explaining limits of privacy and confidentiality