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New Developments in Ethics and the Law

New Developments in Ethics and the Law. David L.Shapiro Ph.D. APA Ethics Code. Differences : 1992 and 2002 Differences 2002 and 2010 Issues Regarding Documentation Issues Regarding Civil Liability and the Standard of Care Issues Regarding Use of the Term “Reasonable”.

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New Developments in Ethics and the Law

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  1. New Developments in Ethics and the Law David L.ShapiroPh.D

  2. APA Ethics Code • Differences : 1992 and 2002 • Differences 2002 and 2010 • Issues Regarding Documentation • Issues Regarding Civil Liability and the Standard of Care • Issues Regarding Use of the Term “Reasonable”

  3. APA Ethics Code : Specific Issues • Standard 1.01:Misuse of Work: Additional Constraints • Standard 1.02 and 1.03: Conflict of Ethics and the Law: Legal Discovery, Concerns about Torture • Standards 1.04 and 1.05: Resolution of Ethical Issues: Tampering, Fraudulent Complaints

  4. APA Continued: Competence • Standard 2.01: Parallel to Federal Rules of Evidence • Problems with New Areas • Knowledge of the Law • Standard 2.05 : Delegation of Work : Problems Regarding Authority and Supervision

  5. APA: Continued • Standard 3.04: Avoiding Harm: Problems with Definition of “foreseeable “ and “unavoidable” • Standards 3.05 and 3.06: Multiple Relations and Conflict of Interest • Standard 3.10 : Informed Consent : Ethical and Legal • Standard 4.01 : Confidentiality and Disclosure • Standard 5.01 Advertising: Avoidance of Deception: Special Problems in Forensic Practice • Qualified Immunity( Expert Testimony) and Defamation of Character. • Standard 5.04:Media Presentations : High Profile Cases

  6. APA : Continued • Assessment: Standard 9.01: Bases for Assessment, Personal Examination, Qualification of Opinions • Standard 9.02: Validity and Reliability of Assessment Instruments • Standard 9.04 and 9.11 : Release of Raw Data • Standard 9.05 and 9.06 : Test Construction and Interpretation • Standard 9.10 Test Feedback: Special Issues in Forensic Practice

  7. Forensic Specialty Guidelines : Additional Issues • Passed August 2011: APA Council • Applicability : Definable Foreknowledge • Aspirational • Competence : Affirmative Obligation: Boundaries of Competence, Relevance of Background to Specific Issues, Limits of Psychological Knowledge

  8. SGFP : Continued • Understanding legal and Professional Standards • Understanding Rights of the Examinee • Fees, Letters of Protection, Fee Negotiation • Competence to Consent to Evaluation • Role Conflicts • Opinions Regarding those not Examined • Legally Relevant Factors • Special Constraints in Assessment • Public Statements

  9. Standard of Care • Standard of Care : Defintions • Relevance to Licensure and Malpractice Issues • Need for Well Defined Standards of Care : Controversies • Colleagues Who Misuse the Concept • What is an Average Professional? • What is a Community Standard? • Comprehensive Assessments: Third Party Information: Hearsay Issues

  10. Further Issues • Records : Protection in Malpractice actions • One Record or Two? • HIPAA • Progress and Process Notes • Lozano v. Bean-Bayog

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