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New Developments in Ethics and the Law

Explore the evolving landscape of ethics and the law, including changes in the APA Ethics Code, issues related to documentation and civil liability, and challenges in defining the standard of care. Gain insights into specific ethical issues, such as misuse of work, conflicts of interest, informed consent, and confidentiality. Delve into the complexities of advertising, assessment, and the standard of care, and navigate the legal and professional standards that shape forensic practice.

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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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