Professional Documents
Culture Documents
Ch.8 Approaches To Ethical Decision Making
Ch.8 Approaches To Ethical Decision Making
8
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Decision Making
http://dx.doi.org/10.1037/12345-008 147
Essential Ethics for Psychologists: A Primer for Understanding and Mastering
Core Issues, by T. F. Nagy
Copyright © 2011 American Psychological Association. All rights reserved.
148 ESSENTIAL ETHICS FOR PSYCHOLOGISTS
Introduction
In recent years much has been written about ethical decision making
for addressing situations commonly encountered by psychologists. This
chapter focuses on a variety of ethical algorithms, approaches for deci-
sion making and addressing the problem of selecting the most ethical
Copyright American Psychological Association. Not for further distribution.
choice in complex situations. First, I review the need for such a process
when ethical standards already exist that broadly address many areas of
psychological work.
Ideally, ethical standards provide clear guidance for psychologists
working in many settings and roles. As discussed in the beginning of this
book, the language used must be sufficiently generic to address the work
of the management consultant, supervisor, and clinician while, at the
same time, sufficiently precise to solve specific dilemmas that are encoun-
tered in each of these areas of work. It is useful to consider how an ethics
code might address the following questions:
There are many gray areas that neither the Ethics Code nor pro-
fessional guidelines can adequately address because it is virtually impos-
sible to take into account every variable in each situation involving an
ethical dilemma. A partial answer is to combine general, guiding ethi-
cal principles and specific rules of conduct in the same document. As I
have noted, the American Psychological Association (APA) Ethics
Code attempts this by including both a set of core values providing the
general context titled General Principles as well as specific rules of pro-
fessional conduct titled Ethical Standards. The synthesis of these two
sections helps address the gray areas that are inevitable in any profes-
sional setting.
Approaches to Ethical Decision Making 149
a patient’s private disclosures in the therapy office given that the police
will then deprive the patient of his or her freedom and likely take him or
her into custody for questioning? How are psychologists to proceed when
a situation falls in the middle of two inconsistent rules (e.g., law vs. ethics,
ethical standard vs. another ethical standard) or in a gray area outside
of the rules altogether?
In this chapter, I present approaches for ethical decision making,
with an emphasis on multiple-role relationships because these constitute
the most serious risks of harm to others.
Recognizing an Ethical
Dilemma in Professional Work
tions that a psychologist can readily pose to him- or herself are helpful
in identifying when a choice point may involve ethical decision making
that should be more formally addressed (Nagy, 2005).
BOUNDARIES OF COMPETENCE
Am I working within my boundaries of competence, according to my formal edu-
cation, training, supervision, or experience? Psychologists work in many differ-
ent settings (e.g., academic, clinical, forensic, industrial, military, prison,
religious) and professional roles (e.g., supervisor, consultant, researcher,
teacher, therapist, media presenter) with a broad range of people (e.g.,
adults of all ages and occupations, couples and families, children and
adolescents, people who are gay and lesbian, people with physical or
mental disabilities—both inpatients and outpatients, people who are
racially, ethnically, and culturally diverse). Although graduate aca-
demic training and postdoctoral educational experiences prepare psy-
chologists for the work they do, including preparation for the state
licensing exam (if required for their work), these experiences cannot
always address every situation or adequately address questions of judg-
ment. Ethical violations concerning competence are frequently cited by
the APA and state licensing boards when processing complaints by con-
sumers. In 2007 the APA Ethics Committee adjudicated 32 ethics com-
plaints, 16% of which found the psychologists operating beyond their
areas of competence (APA, 2008).
to both the APA Ethics Committee and the licensing authority in their
home state.
Federal laws pertain to both research and practice activities of psy-
chologists. Researchers obtaining federal funding must comply with poli-
cies articulated by the U.S. Department of Health and Human Services
as well as the granting agency, including such matters as informed con-
sent for research participants, confidentiality and privacy, deception in
research, debriefing participants, and care and use of animals in research,
to name a few. These are commonly published in the Federal Register, a
single uniform publication for executive agency rules and notices (pub-
lished daily) and codified in the Code of Federal Regulations, published by
the U.S. Department of Health and Human Services. Licensed psychol-
ogists must also be knowledgeable about the Health Insurance Portabil-
ity and Accountability Act. As discussed in Chapter 5, this act, in part,
describes policies and procedures for providing information to clients
and patients seeking psychological services concerning informed con-
sent, privacy and confidentiality, record keeping, and other matters.
INSTITUTIONAL ETHICS
Am I up to date on the current policies and procedures of my institution? Institu-
tional policies provide important guidelines and standards for researchers
and practitioners working in hospitals (private, public, or federal instal-
lations such as the U.S. Department of Veterans Affairs hospitals), clinics,
universities, public school settings, or other institutions. Those doing
research must submit proposals to the institutional review board and
comply with its recommendations for the protection of research partici-
pants. Any additional changes to the research protocol must again be sub-
mitted for approval before being implemented. Those doing clinical work
must comply with the institution’s policies over and above any ethical or
legal requirements. These might include policies about record keeping
(e.g., requiring a certain format for record keeping), informed consent for
treatment (e.g., informing patients that the facility is a training institution
and that some therapy sessions will be observed through a one-way mir-
ror or videotaped), or business matters (e.g., informing patients that pay-
ment is expected at the time of treatment).
152 ESSENTIAL ETHICS FOR PSYCHOLOGISTS
RELINQUISHING STANDARD
OPERATING PROCEDURES
Am I departing from my usual ways of dealing with others, such as spontaneously
extending the length of therapy sessions without discussing it or agreeing to meet
a research participant for drinks or dinner while still in the data-gathering phase
of my investigation? Any psychologist engaged in research, practice, train-
ing, or consultation has developed evidence-based procedures and rou-
tines that help maintain efficient and competent work. These may
include such things as providing informed consent at the outset of con-
tact, taking a history and gathering information as needed, keeping thor-
ough records, taking steps to preserve privacy and confidentiality,
maintaining professional boundaries, and remaining up to date on cur-
rent research.
Becoming lax about such matters, becoming careless, and taking
risky shortcuts increase the risk of harming others. Such lapses may be
due to a decline in physical or mental health, time pressures, financial
stresses, feelings of exhaustion or burnout, vulnerability to certain
clients and patients, changing career interests, or other factors. The
psychologist who discusses his or her latest neuropsychological patient
within earshot of other patients in the waiting room is being neglect-
ful, not willfully exploitative, yet is nevertheless failing to safeguard his
or her patient’s privacy. And the therapist who has become careless
about record keeping—sometimes making minimal entries of just a few
words and other times a few paragraphs—ultimately may be harming
his or her patient. If those records are needed by another health care pro-
fessional or a court (e.g., in the case of litigation involving the patient
Approaches to Ethical Decision Making 157
MULTIPLE-ROLE RELATIONSHIP
WITHOUT EXPLOITATION
In addition to my formal relationship as a clinician, do I also have a second-
ary social role with someone, such as family member (daughter-in-law), my
friend’s father, my dentist, or my next-door neighbor? Not all multiple-role
relationships can be avoided, particularly in rural areas where mental
health providers may be few and far between. If someone is the only
psychologist living in a small town in Oklahoma and the owner of the
local pharmacy wants to consult the psychologist for marital problems,
will the psychologist be able to keep his objectivity and fairness in
working with the pharmacy owner and her husband, even though the
psychologist has gone fly fishing with the husband several times and
has known the pharmacy owner casually for several years? Or con-
sider the scenario of a psychologist whose husband’s boss knows that
the psychologist specializes in anger management and wishes to con-
sult her for some strategies to help with a quick temper with employ-
ees who underperform. Or consider the alcoholic neighbor down the
street who seeks out the psychologist for family therapy because the
neighbor has a young adolescent experimenting with marijuana and
an older one who is anorectic. In these situations extra measures
might be taken at the outset to provide clear boundaries and a safe
environment, as discussed in Chapter 10. Remaining objective when
in a multiple role can be daunting, and to be sure, not all multiple roles
are destructive, but they require some awareness of the pitfalls that
may have a bearing on informed consent and the therapeutic strate-
gies that will be used.
A general rule of thumb might be to avoid multiple-role relation-
ships at the outset whenever possible. This approach may be considered
overly conservative by some, but there may be benefits in avoiding a
multiple-role relationship. By referring the client or patient to another
at the outset, the unforeseen problems that can occur by accepting a
therapy patient with whom one has a previous social relationship can be
avoided. In many parts of the country, particularly in metropolitan areas,
there are an adequate number of therapists, and consumers can readily
consult with someone they do not already know.
158 ESSENTIAL ETHICS FOR PSYCHOLOGISTS
CONFLICT OF INTEREST
Am I caught between two opposing goals or incompatible loyalties over which I
have little control? A special form of exploitation or harm is a conflict of
interest situation that results from trying to comply with two opposing
contexts or rules simultaneously. In this situation the therapist may not
necessarily stand to gain anything directly from the client or patient but
participates in harming the person nevertheless. An example of such a sit-
uation is the military psychologist who was reportedly pressured to
underdiagnose posttraumatic stress disorder in returning war veterans
(Citizens for Responsibility and Ethics in Washington, 2009). Such
informal coercion was reportedly motivated by the economic demands
placed on the U.S. Department of Veteran Affairs to rehabilitate troops
Approaches to Ethical Decision Making 159
who have seen the worst of active duty. It placed the psychologist in
a multiple-role dilemma: In his role as therapist he had a duty to com-
petently diagnose and treat returning soldiers seeking treatment for
posttraumatic stress disorder, but in his role as an employee of the fed-
eral government he must also comply with the requirements of his
employer, the U.S. Department of Veteran Affairs, which allegedly
exerted pressure on him to minimize or change the diagnosis. One
role inevitably conflicts with the other, resulting in either (a) a risk of
Copyright American Psychological Association. Not for further distribution.
General Ethical-Decision-
Making Models
WORST-CASE SCENARIO
Posing a worst-case scenario by asking the question, “What could possibly
go wrong as a result of this choice, even though the probability is low?”
can often be helpful in reducing the potential for harm to consumers. It is
160 ESSENTIAL ETHICS FOR PSYCHOLOGISTS
another and how one resolves such a conflict by upholding the values
of one at the expense of the other(s). Before infringing on or violating
a particular moral principle, however, the psychologist must satisfy the
following six conditions:
1. The psychologist must be able to offer better reasons for acting
on the overriding moral principle than the infringed one.
2. The chosen course of action must have a realistic chance of suc-
ceeding.
3. There must be no morally preferable alternative that could be
substituted.
4. The infringement chosen must be the least possible, commen-
surate with achieving the main goal of the action.
5. The psychologist must seek to minimize any negative effects of
the chosen course of action as a result of infringement on or
violation of the other moral principle(s).
6. The decision must be made impartially regarding all affected par-
ties; it must not be influenced by morally irrelevant information
received about anyone involved in the situation (Beauchamp &
Childress, 2001).
Summarized, these six conditions require that psychologists must
be able to give a better reason for selecting choice a than choice b; the
choice must be likely to succeed; there must be no better moral option;
the choice must be an option that does the least damage; psychologists
must then take steps to minimize any damage that could happen; and
psychologists’ decision must not be affected by details of the players that
are not relevant to the moral principles at stake.
A detailed analysis of the vignette about Dr. Taylor and Louise using
the IDEAL decision-making model is available online (http://pubs.apa.
org/books/supp/essentialethics/).
Therapist Factors
Therapists differ on a variety of criteria as bases for making good ethical
decisions in clinical situations. Sonne (2006) identified the following
10 therapist factors as primary:
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❚ ethical sensitivity,
❚ willingness to expend cognitive effort,
❚ guiding ethical principles,
❚ gender (men and women tend to differ on the bases of their moral
reasoning),
❚ culture,
❚ religion and spirituality,
❚ profession (psychologist, marriage and family therapist, social
worker, psychiatrist),
❚ theoretical orientation,
❚ years of experience as a therapist, and
❚ character traits (a therapist with a strong need to please may,
i.e., comply with a patient’s request to enter a business venture
together).
Client Factors
The five client factors to consider are1
❚ gender,
❚ culture (e.g., American, Asian, European),
❚ religion and spirituality,
❚ psychosocial strengths and vulnerabilities (more caution is
required if the patient has a narcissistic or borderline personality
disorder), and
❚ history of prior boundary violations (e.g., childhood abuse or incest,
inappropriate boundary crossings with others such as teachers,
physicians).
1Some of these client factors were identified in the APA Ethics Code to be considered
service being rendered. The following five relationship factors are con-
sidered fundamental to ethical decision making:
❚ nature of the therapeutic relationship (partly as defined by
informed consent and partly the patient’s emotional reaction to
the therapist),
❚ power differential,
❚ duration of therapy (weeks, months, or years),
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2According to the APA Ethics Code, there are four domains of potential harm that,
if present, would define the multiple relationship as unethical: (a) impaired objectivity of
the therapist, (b) impaired competence of the therapist, (c) impaired ability of the therapist
to safeguard the client or patient in therapy, and (d) exploitation of the client or patient
(see APA, 2010, Standard 3.05, Multiple Relationships).
170 ESSENTIAL ETHICS FOR PSYCHOLOGISTS