Professional Ethics and Law

PROFESSIONAL ETHICS AND LAW

Purpose: This class is designed to inform students about the ethical and legal issues that are involved in the practice of counseling and psychotherapy. The focus is on legal issues in the state of California (as laws vary state to state) and the ethical guidelines set forth by the California Association of Marriage and Family Therapists and the American Psychological Association. Students are also asked to develop a personal code of ethics and moral sensitivity in their role as a mental health practitioner.

Student Learning Outcome Goals:

Students will demonstrate:

1. Comprehension of the legal parameters involved in the psychotherapeutic relationship in the state of California.
[Assessed by Exam]
2. Comprehension of the ethical issues involved in the practice of counseling and psychotherapy as determined by the guidelines set forth by the California Association of Marriage and Family Therapists and the American Psychological Association.
[Assessed by Exam and Oral Presentation]
3. Personal awareness of their own vulnerabilities and counter-transferential tendencies that could have a potential negative impact on the psychotherapeutic relationship.
[Assessed by Paper]
4. Understanding of Domestic Violence Assessment

Required Reading:

1. Text of the American Psychological Association Ethical Principles of Psychologists and Code of Conduct (Appendix A in class Textbook - NOW revised online at http://www.apa.org/ethics)
2. Text of the Association of Marriage and Family Therapists Ethics Code

   Order 1 free copy from CAMFT at www.camft.org (Products and Publications) or call 1-858-292-2638

3. Koocher, G. & Keith-Spiegel, P. (1998) Ethics in Psychology. (2^nd Edition) Oxford University Press.
4. Obtain a free copy of "Professional Therapy Never Includes Sex" from the
   

   CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS 400 R Street Sacramento, CA 95814 (800) 952-5210 (916) 445-1254 TDD: (916) 322-1700 email: dca@dca.ca.gov The full text is available on-line, but you must obtain a copy for yourself.

Other Sources:

American Psychological Association http://www.apa.org

California Psychological Association http://www.calpsychlink.org

American Association of Marriage and Family Therapists http://www.aamft.org

California Association of Marriage and Family Therapists http://www.camft.org

Board of Behavioral Sciences http://www.bbs.ca.gov

Board of Psychology http://www.psychboard.ca.gov/

Center for Applied Ethics http://www.ethics.ubc.ca/resources/professional

Department of Consumer Affairs http://dca.ca.gov

Course Outline

Sept. 30

• Mutual introductions and review of the syllabus and requirements

• An introduction to the topic of "Ethics and Law" pertaining to the practice of Counseling and Psychotherapy

• Importance of "Knowing Thyself"

Homework: Review three cases in the section labeled "Enforcements"  and then the Board Action link on the http://www.psychboard.ca.gov/ web page and come prepared to discuss the content of one case (maximum 1 page of relevant violations) to the Oct. 7 class

Oct. 7

• Knowing Thyself Continued

Koocher and Keith-Spiegel, Chapts. 1-3

In class discussion of above

• Confidentiality

Koocher and Keith-Spiegel, Chapt. 6 (through 138)

A Guide to Psychology and Its Practice
at: http://www.guidetopsychology.com/confid.htm

Oct. 14

• Working with Dangerous or High-Risk patients: Tarasoff
• Elder and Spousal Abuse

• Multiple Relationships and Conflicts of Interest

Koocher and Keith-Spiegel, Chapt. 8

Ofer Zur on Dual Relationships
http://www.drzur.com/dualrelationships.html

• Touch, Attraction, and Sexuality (DON'T!)

Koocher and Keith-Spiegel, Chapt. 9

• Film: Vignettes on Sexuality and Psychotherapy

Personal Reflection Paper:  Part One DUE

Ethics of Practice:

• Practice of Psychotherapy

Koocher and Keith-Spiegel, Chapt. 4 & 5

• Recordkeeping, Money, Forms, Practice Wills, Consent to Treatment

Koocher and Keith-Spiegel, Chapt. 6 (Pgs. 138-141) & 7

Nov. 4

• Suicidal patients and other difficult issues

• Working with minors

• Relationships with Colleagues

Koocher and Keith-Spiegel, Chapt. 13

Nov. 11

• Research Ethics

Koocher and Keith-Spiegel, Chapt. 17

• Domestic Violence Assessment
• Other roles: teaching, court testimony, media

Koocher and Keith-Spiegel, Chapt. 16, 15, 12

Nov.18

• Nurturing values but avoiding the imposition of values and Film Discussion

• Group 1 - Oral case presentations: "Solving Ethical Dilemmas"

Nov. 25

• Group 2 - Oral case presentations: "Solving Ethical Dilemmas"

Personal Reflection Paper: Part Two DUE

Dec. 2

• Written Final Exam - Multiple Choice, definition, and case analysis
  
• Group 3 - Oral Case Presentations: "Solving Ethical DIlemmas"

• After Exam Review in Class

REQUIREMENTS:

1. Read and learn the two codes of ethics (CAMFT & APA)
2. Read the textbook and view one of the following films (Ordinary People, Prince of Tides, Good Will Hunting)
3. Attend and Participate in the class sessions

   1-3 = 25% (of the course grade) Due Date: Each session

4. Final written Exam = 25% - Due Date: 12/2
5. Oral Case Presentation = 25% - Due Date: Either 11/18 (1) or 11/25 (2) or 12/2 (3)
6. Personal Reflection Paper = 25%
   Part One Due: Oct. 21/Part Two Due: Nov. 25

Further description:

Numbers 1-4 above are self-explanatory. If confusion remains after the first class meeting, please see me.

1. Oral Case Presentation: Each student will be assigned a written case (containing an ethical dilemma) at the second class meeting. Students will be expected to ethically/legally "solve" the dilemma and present the case, with the corresponding ethical or legal guideline referenced. A three page written outline (do not go over this limit) will be handed in to Dr. Bartolini and copies will be provided to all students at the time of the oral presentation.  .

In your written outline for your oral presentation you should include:

• The CASE Description (copied from the handout)

• Description of the ethical and/or legal dilemma

• Related MFT ethics code

• Related APA ethics code

• Related legal issues

• Information from the literature - search PsyInfo for 2 articles related to your case

• What further information might you want to make a decision

• Does changing the facts (age, ethnicity, disability, etc.) change your action?

• Potential ways (often conflicting) to view the case

• Consultant's thoughts

• Your decision regarding how to handle the case

• References

1. Personal Reflection Paper:

Part One: Discuss your "moral" history. What values were you raised with in childhood and how have these been altered over the intervening years? How might this impact you - positive and/or negative - in your work with patients?  If you are uncomfortable sharing this information - see me about an alternative paper. (3 pages) Due: Oct. 21, 2003

Part Two: Each student is to choose two areas of possible "weakness" in terms of a potential ethical violation and write an action plan that will help you "compensate" and think through your ethical decision making regarding this area. (3 pages) Due: November 25 2003

POLICIES AND PROCEDURES

I believe that formal teaching is a rare opportunity. My goal for this course is to introduce you to what is undoubtedly an enormous area of potential study. The process of teaching is reducing years of potential research and reading into one brief experience where you leave having learned something new, something substantial, with a thirst to know more. These are my classroom policies and procedures.

Success in this course can be achieved by taking responsibility for your own learning. This means being a serious student (attend class, read, reflect, research, ask questions and see the results). In hours this means approximately six hours a week on this course. Take advantage of my office hours or make an appointment to see me if anything is unclear.

Grading: An A is an outstanding, superior, and nearly flawless paper or test or overall class performance

A B is a very good, of fine quality, and exceeds minimum expectations

A C is average and in graduate school represents less than satisfactory work

An F is, well, failing and represents and overall poor performance in class assignments and usually indicates a lack of attendance, poor scheduling, or little effort.

I attempt to assign grades fairly and without bias. I do not enjoy being pressured into giving A grades. I freely give A's when deserved.

Papers: All Papers must be typed, double-spaced, with a 12 point easily readable font type, have one inch margins, a title page with all necessary information, and a staple. A and B papers have few, if any, spelling or grammar errors. I expect complete referencing when the assignment requires it (e.g. research papers, direct quotes) and a reference page. I prefer that papers not be in plastic folders.

Late Papers: I expect that papers will be turned in on time. I will accept late papers, although late papers will be downgraded and will be reduced and additional letter grade for each week that they are late. Late papers will not be accepted after Dec. 5th - no exceptions!

Make-up Exams: Make-up exams will be given only in emergency situations. If you must miss an exam, contact me ASAP to explain the reason and to discuss the possibility of a make-up exam. They must be completed within one week of the original date.

Incompletes: I only use the incomplete system for personal tragedies. I will not accept procrastination as an excuse.

Please see the Academic Honesty Policy in the Dominican University catalogue. I follow this policy and will not tolerate plagiarism. Plagiarism is taking the work of another person and passing it off as one’s own. The way to avoid plagiarism is to use quotes and/or in-text page references. I will not pass a student who cheats. Do not share your papers or exams with future students.

Students with special needs: You know who you are. I do not. If I need to assist you in a special way let me know early in the semester. I will do my best to make my classroom conducive to your learning.

Classroom Guidelines: Arrive on time. Try not to leave early. No eating during class time. Monitor your own "air time". If you tend to be silent - speak. If you tend to share a lot - understand that no one appreciates a student who uses a psychology class for personal "therapy". Turn all cell phones to the silent function and leave class to answer.

Respect the academic environment: listen to others, learn from others, ask good questions, and be prepared...GET INVOLVED in the class and in your own learning. This is essential for the class to be a success for all of us.

Returning Papers and Tests: My personal rule of thumb is one week for tests and two weeks for papers. I attempt to honor this policy – sometimes I fall short. I will let you know if this happens. Please try not to ask.  

Missed Classes: You do not have to notify me if you miss one class. However, please leave me a message if you miss multiple classes in a row due to a serious illness or family emergency.

Returning Papers and Exams: Please provide me with a large SASE so that I may return your oral presentation papers and the final exam.