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CHAPTER 2

ETHICS AND ETHICS CODES


FOR PSYCHOLOGISTS
Stephen H. Behnke and Stanley E. Jones
Copyright American Psychological Association. Not for further distribution.

The field of psychology examines nearly every involving psychologists. The third part of the chap-
aspect of human experience. A field that so pro- ter provides an overview of the 2010 Ethics Code.
foundly explores both what humans think, feel, and This overview, an examination of the structure and
do, as well as the behaviors and thought processes of content of the Ethics Code as well as the substantive
nonhuman animals, must have clear and strong ethi- issues that the Ethics Code addresses, provides a
cal underpinnings. In this chapter, we provide an good sense of how the APA frames the ethical issues
overview of the ethics of the profession of psychol- that are most relevant to the work of its members.
ogy. The overview is an exploration of the substance The fourth part of the chapter compares how differ-
of the Ethical Principles of Psychologists and Code of ent associations address a specific issue, that of
Conduct (the Ethics Code; American Psychological multiple relationships. A comparative approach
Association [APA], 2010), the processes by which highlights differences and similarities in how associ-
the Ethics Code is applied in practice, the relation- ations approach the ethical challenges their mem-
ship between the Ethics Code and the law, a com- bers face. The fifth part of the chapter examines the
parison of how different mental health disciplines relationship between ethics and law. Psychology is
address a frequently encountered ethical issue, and practiced in the context of a society. Society has its
concluding thoughts on the future of the ethics of own values and norms, which generally are embod-
the profession. ied in the laws of the different states, provinces, and
The chapter is divided into six parts. The first territories. These laws apply to psychologists both in
part discusses the concepts of ethics and ethical their capacity as citizens and as members of a pro-
decision making. The purpose of this discussion is fession; even calling oneself a psychologist is a
to offer a definition of professional ethics that pro- legally relevant statement in jurisdictions that regu-
vides a context for the whole chapter. The second late the title. This discussion is an examination of
part of the chapter discusses the purpose and func- the complex and multifaceted ways in which the law
tion of a professional association ethics program, and the profession of psychology interact. The sixth
that of the APA. Professional ethics do not exist in a and final part of the chapter provides concluding
vacuum. Rather, associations write ethics codes so thoughts and places the chapter in a developmental
that members of the discipline and the public will be context by considering ethical issues and challenges
aware of the boundaries of ethical practice. This sec- that psychology is likely to face in the coming years.
ond part of this chapter illustrates an ethics program The chapter is designed to provide an overview
in practice by discussing how the APA responded to of the concepts and application of ethics in psychol-
a societal issue with significant ethical implications ogy. It is important to stress the notion of overview.

The opinions in this chapter represent the personal views of the authors and do not represent the official views of the American Psychological
Association.

DOI: 10.1037/13271-002
APA Handbook of Ethics in Psychology: Vol. 1. Moral Foundations and Common Themes, S. J. Knapp (Editor-in-Chief)
43
Copyright © 2012 by the American Psychological Association. All rights reserved.
Behnke and Jones

Any one of the six discussions in the chapter could not a document that an individual, regardless of
easily be the subject of an entire volume—or set of how good and moral, could draft outside the con-
volumes—in its own right. Nonetheless, this over- text of experiences in the role of a psychologist. An
view should give the reader a good grasp of the con- individual could not sit down and intuitively come
tours of the ethical practice of psychology and a up with the 89 standards in the APA Ethics Code.
good understanding of how these contours are The substance of the Ethics Code is drawn from
placed in the context of the larger society in which decades of psychologists’ experiences working in
psychologists work. the profession. The purpose of an ethics course is
not to teach new psychology students how to be
good people, although it may be consistent with
THE ETHICAL PRACTICE OF PSYCHOLOGY:
that goal, but rather to train the students how to be
ETHICS AND ETHICAL DECISION MAKING
ethical psychologists. (More information on the
To examine the role of ethics in psychology or any issue of integrating personal and professional ethics
Copyright American Psychological Association. Not for further distribution.

field, one must first consider what one means by can be found in the discussion of the ethics accul-
ethics, why ethics is important, and how ethics dif- turation model in Chapter 19 of this volume.)
fers from other related but distinct concepts, such as In another instance, a faculty member in the pro-
risk management and law. A definition of ethics is by gram objects to having an ethics course. The faculty
no means obvious because people use the term in member argues that ethics should be embedded into
many different ways. At times, for example, ethical all courses because ethics is nothing other than
practice is equated with competent practice. At competent practice or competently conducted
other times, being an ethical psychologist is equated research. The faculty member explains that because
with being a moral person. Although a relationship competence is the be-all and end-all of ethics, stu-
clearly exists between ethics and competence, and dents should focus on enhancing their clinical,
ethics and personal morality, professional ethics counseling, and research skills to increase their level
should not be confined to competence, nor should it of competence, and good ethics will follow.
be viewed as nothing other than being a “good” per- The program director agrees that, indeed, com-
son as defined in a particular religious, spiritual, or petence is central to ethics. Principle A in the 2010
humanistic tradition. Rather, professional ethics Ethics Code is Beneficence and Nonmaleficence: do
must be grounded in the ethics of the profession. good and do no harm. The director explains that it
To illustrate this idea, consider the following is difficult for a psychologist to do good if he or she
hypothetical. An applicant to a psychology program is not competent, and in the absence of competence,
is a thoroughly good and moral individual. He the risk of doing harm rises dramatically. Nonethe-
belongs to a religious tradition, practices within his less, the director continues, professional ethics
faith, does good works, and is respectful of his embodies more than competence. Much of ethics
familial and community relationships. He applies to has to do with how psychologists treat people in
a graduate program in clinical or research psychol- their professional roles. Competence may be consid-
ogy and is accepted, but because of a pressing fam- ered a foundation of professional ethics, but it is not
ily obligation, he requests to be released from the the sole foundation. Competence is a necessary but
1st-year ethics course. His request is made on the not a sufficient condition of psychology’s ethics.
basis of his being a moral person who therefore will These two anecdotes capture common misper-
be an ethical psychologist. The program director ceptions about ethics. How, then, might one define
turns down the request. She explains to the new ethics, and why is having an ethics code important?
student that he has understandably but mistakenly We define ethics in a simple but hopefully not
equated being a moral person with being an ethical simplistic manner. In our definition, ethics is think-
psychologist. The program director takes out a copy ing about reasons in terms of values in a manner
of the APA Ethics Code and randomly chooses a that is open to public scrutiny. This definition of
standard to illustrate the point: The Ethics Code is ethics has three components: First, when it comes to

44
Ethics and Ethics Codes for Psychologists

professional ethics, psychologists are prepared to receive a license from the state, and research psy-
give reasons for the choices they make. Ethical deci- chologists submit their proposals to institutional
sion making, therefore, always begins with why, as review boards governed by federal regulations. At
in, “Why did I choose this course of action over times, psychologists may be called on to explain
another? Why did I reject that course of action? their reasoning to a group of peers, that is, to subject
Why did I give one value precedence over another their reasoning to public scrutiny. Such public scru-
competing value?” (More information on ethical tiny may consistent of a hearing before a licensing
decision making can be found in Chapter 4 of this board, ethics committee, or institutional review
volume.) board. Public scrutiny does not mean disclosure in a
Second, the reasons psychologists give for their public forum such that confidentiality is no longer
ethical decision making are placed in the context of protected. Rather, public scrutiny means that the
psychology’s values. The Ethics Code begins with work and reasoning of the psychologist is made
five principles: Beneficence and Nonmaleficence, available to an entity with a review function.
Copyright American Psychological Association. Not for further distribution.

Fidelity and Responsibility, Integrity, Justice, and This definition of ethics—thinking about reasons
Respect for Peoples’ Rights and Dignity. Psycholo- in terms of values in a manner that is open to public
gists’ ethical reasoning is based on these five princi- scrutiny—implies that ethical decision making
ples. An ethical dilemma arises when a tension involves a process of weighing and balancing the
exists between two or more values, in which case values of the profession. Brief passages from three
the psychologist must determine which value takes professional codes of ethics illustrate the centrality
precedence. Examples of ethical dilemmas include of the ethical decision-making process to the ethical
choosing between confidentiality and safety in a practice of the profession. Process is central to each
duty to warn or protect situation that pits benefi- of these codes. It is noteworthy how these passages
cence and respect for privacy against one another or highlight common themes: reasonable differences of
addressing a terminally ill patient’s wish to commit opinion regarding how values ought to be weighed
suicide that pits beneficence and self-determination and balanced against one another, the role of the
against one another. In each of these instances, two individual member’s informed judgment or con-
of psychology’s core values are in tension, and the science in the process of ethical decision making,
psychologist must decide which of the values will and the public scrutiny that is part of practice in a
give way to the other. Although these choices have profession.
risk management implications, the focus of an ethi-
cal analysis is on how to resolve the dilemma APA Ethics Code
between two competing values, each of which is In the process of making decisions regarding their
good in and of itself. The focus of a risk manage- professional behavior, psychologists must consider
ment analysis is somewhat different, insofar as a risk this Ethics Code in addition to applicable laws and
management analysis is conducted to manage the psychology board regulations. In applying the Ethics
psychologist’s exposure to legal liability. Nonethe- Code to their professional work, psychologists may
less, some authors base their risk management strat- consider other materials and guidelines that have
egies on overarching ethical principles, so that risk been adopted or endorsed by scientific and profes-
management may be grounded in ethics. (More sional psychological organizations and the dictates
information on risk management can be found in of their own conscience, as well as consult with oth-
Chapter 19 of this volume.) ers within the field (APA, 2010, Introduction and
Third, ethics involves public scrutiny. Psychol- Applicability).
ogy is a profession that is practiced within the con-
text of the society in which psychologists live. An National Association of Social Workers
inextricable link exists between psychologists’ abil- Code of Ethics
ity to practice the profession and societal norms. As Reasonable differences of opinion can and do exist
two examples, psychologists in clinical practice among social workers with respect to the ways in

45
Behnke and Jones

which values, ethical principles, and ethical standards of knowledge, standards, methods, and practices does
should be rank ordered when they conflict. Ethical so only within the context of a contract with the soci-
decision making in a given situation must apply the ety in which it functions. This social contract is based
informed judgment of the individual social worker on attitudes of mutual respect and trust, with society
and also should consider how the issues would be granting support for the autonomy of a discipline in
judged in a peer review process during which the eth- exchange for a commitment by the discipline to do
ical standards of the profession would be applied everything it can to ensure that its members act ethi-
(National Association of Social Workers [NASW], cally in conducting the affairs of the discipline within
2008, Purpose of the NASW Code of Ethics). society. In particular, the discipline must make a com-
mitment to ensure that each member will place the
American Counseling Association welfare of the society and individual members of that
Code of Ethics society above the welfare of the discipline and its own
When counselors are faced with ethical dilemmas members. By virtue of this social contract, psycholo-
Copyright American Psychological Association. Not for further distribution.

that are difficult to resolve, they are expected to gists have a higher duty of care to members of society
engage in a carefully considered ethical decision- than the general duty of care that all members of soci-
making process. Reasonable differences of opinion ety have to each other (Canadian Psychological Asso-
can and do exist among counselors with respect to ciation, 2000, Preamble, Introduction).
the ways in which values, ethical principles, and This passage from the Canadian Code of Ethics
ethical standards would be applied when they con- for Psychologists gives a clear and compelling rea-
flict. Although no one ethical decision-making son why a discipline should have an ethics code.
model is the most effective, counselors are expected The reason is that an ethics code embodies a foun-
to be familiar with a credible decision-making model dation of the social contract, a commitment by the
that can bear public scrutiny and its application discipline to the society to ensure that members of
(American Counseling Association, 2005, Purpose). the profession—who practice by virtue of permis-
These passages illustrate a strong convergence in sion by the state—abide by a “higher duty of care.”
how three different associations approach the pro- One could say that defining this higher duty of care
cess of resolving ethical dilemmas. This convergence is the work of “doing ethics.”
suggests that different disciplines in American soci- It is fruitful to consider that a member of the dis-
ety have reached a degree of consensus on how cipline should read an ethics code on many levels.
mental health professionals should approach ethical Most superficially, a code can be viewed as a list of
dilemmas in their professional lives. ethical obligations and prohibitions, a laundry list of
A definition of ethics and a review of how profes- do’s and don’ts. This manner of reading an ethics
sional associations address ethical decisions presume code is entirely legitimate and can be considered a
a more fundamental question: Why should a psycho- starting point for introducing new students and
logical organization have an ethics code? After all, trainees to the ethics of the profession. If one adopts
many laws, regulations, and policies govern the prac- a development perspective on ethics education, a
tice of psychology, and one could argue that yet firm grounding in the boundaries of ethical practice
another document setting forth obligations and pro- is an essential aspect of an introductory course.
hibitions is unnecessary. The Canadian Code of Ethics On a somewhat deeper level, an ethics code can
for Psychologists (Canadian Psychological Associa- be read as a guide to the values of the profession.
tion, 2000) provides a compelling reason for why a APA’s Standard 1.05, Reporting Ethical Violations,
state-sanctioned profession should have a text whose provides an excellent example. Consider a compe-
role is to set forth the ethics of the profession. tent adult patient who discloses to a clinical or
counseling psychologist that she has had a sexual
Canadian Code of Ethics for Psychologists involvement with a previous treating psychologist.
Every discipline that has relatively autonomous con- After several sessions, the current psychologist finds
trol over its entry requirements, training, development the patient’s narrative about the sexual involvement

46
Ethics and Ethics Codes for Psychologists

highly credible and concludes that the previous This analysis raises two exceptions. First, if the
treating psychologist may well be a sexual predator, client were a minor, it is very likely that a manda-
given the totality of the patient’s description of the tory child abuse reporting law will require the psy-
events in question. The current psychologist has a chologist to report the sexual involvement. In this
strong desire to call the behavior of the previous instance, no Standard 1.05 “confidentiality right”
psychologist to the attention of the licensing board. would be violated because such statutes generally
The psychologist reads Standard 1.05, Reporting explicitly waive confidentiality in the context of
Ethical Violations, in the Ethics Code: child abuse or neglect. Even without an explicit
waiver, Standard 4.05, Disclosures, the disclosure
If an apparent ethical violation has sub-
would be allowed given the statute’s mandate to dis-
stantially harmed or is likely to substan-
close information. Standard 4.05 allows disclosures
tially harm a person or organization and
for the purpose of protecting children from harm.
is not appropriate for informal resolution
Second, in jurisdictions that require reporting a sex-
Copyright American Psychological Association. Not for further distribution.

under Standard 1.04, Informal Resolution


ual involvement between health professionals and a
of Ethical Violations, or is not resolved
client or that require reporting a violation of the
properly in that fashion, psychologists
jurisdiction’s statutes or regulations, confidentiality
take further action appropriate to the
rights might again be waived. In these two excep-
situation. Such action might include
tional cases, an outcome different than the initial
referral to state or national committees
analysis might be permitted or even required given
on professional ethics, to state licensing
the relevant confidentiality laws. Thus, resolving
boards, or to the appropriate institutional
this ethical dilemma must be placed in the context
authorities. This standard does not apply
of society’s laws governing the practice of the pro-
when an intervention would violate con-
fession. Reading the Ethics Code may not be enough
fidentiality rights or when psychologists
for the psychologist to resolve the dilemma because
have been retained to review the work of
correctly interpreting the psychologist’s ethical obli-
another psychologist whose professional
gations may depend on the jurisdiction’s law.
conduct is in question.
The Ethics Code can be read in at least one more
This psychologist is in an ethical dilemma that way in addition to reading it as a laundry list of ethi-
potentially pits protecting the public (Principle B, cal obligations and prohibitions and as a guide to
Fidelity and Responsibility) against the patient’s the values of the profession. Behind every rule is a
right to self-determination (Principle E, Respect for reason. Psychologists can read the Ethics Code and
People’s Rights and Dignity). ask whether the Ethics Code gets it “right,” that is,
Standard 1.05 helps the psychologist resolve this whether the rule adequately advances the reason
dilemma. According to Standard 1.05, in the context behind the rule. This way of reading the Ethics Code
of treating a competent adult client, protecting the is enormously important because it is one of the
public yields to client autonomy. The psychologist impetuses behind revising the Ethics Code. APA
will not disclose any identifying information or take published its first ethics code in 1953. The 2010
any action that risks such a disclosure without the Ethics Code is the 12th version. In each revision
consent of the client. However much the psycholo- process, one of the questions posed in reviewing the
gist may wish to take action to call this psychologist’s Ethics Code is whether the standards adequately
behavior to the attention of the licensing board or an promote the goods APA seeks to promote and ade-
ethics committee, the Ethics Code gives precedence quately prevent the harms APA seeks to prevent.
to the client’s autonomy so that client consent is nec- Reading the Ethics Code with a critical eye therefore
essary before the disclosure. The client may well con- represents an important contribution to moving for-
sent to the psychologist’s disclosing information to ward the ethics of the profession. We encourage all
an adjudicatory body. This decision, however, rests psychologists to approach the Ethics Code in this
with the client and not with the psychologist. manner.

47
Behnke and Jones

This discussion should not leave the reader A frequent misunderstanding about association
with the impression that the APA Ethics Code can, ethics programs is that they are able to take action
or even should, govern every dilemma a psycholo- on a member’s license. Professional associations may
gist will encounter. Many areas of professional be recognized by the state in various ways, but
activity are outside the “realm” of ethics enforce- nonetheless they generally remain private entities.
ment under the APA Ethics Code. As three exam- As a result, association ethics programs do not have
ples, a psychologist may decide not to engage in the authority to remove an individual’s ability to
pro bono work, even though the Ethics Code practice; only the relevant jurisdiction has this
encourages psychologists “to contribute a portion power. For a variety of reasons, certain association
of their professional time for little or no compensa- ethics programs offer ethics education and consulta-
tion” (Principle B, Fidelity and Responsibility). tion and do not adjudicate ethics matters. Thus, the
Because the principles in the Ethics Code are aspi- APA’s ethics program offers only one example of
rational rather than enforceable, a psychologist how a professional organization addresses ethics as
Copyright American Psychological Association. Not for further distribution.

who does not give professional time without com- part of its work.
pensation could still abide by all the enforceable APA’s ethics program consists of the Ethics Com-
standards in the Ethics Code and thus not be con- mittee and the Ethics Office. The Ethics Committee
sidered an “unethical” psychologist according to is composed of eight members who are elected by
this definition. Second, practice guidelines govern APA’s governing body, the Council of Representa-
a number of areas such as record keeping and child tives. One of the eight members is a public member.
custody evaluations. These guidelines are not part The other seven are members of the APA chosen to
of the Ethics Code, so departing from them would fill slots that represent issues that frequently come
not necessarily constitute unethical behavior. before the Ethics Committee as well as different geo-
Guidelines nonetheless can be helpful to psycholo- graphic areas of the Association’s membership.
gists in identifying sound practice. Finally, many Members serve 3-year terms and are joined in their
psychologists inform themselves about interna- work by Ethics Committee associates who are cho-
tional codes of ethics. Although such codes, which sen directly by the Ethics Committee members
have proliferated in recent years, do not provide (rather than being elected by the Council of Repre-
the sole basis for an ethics action by the APA in an sentatives). Associates are like full members in every
ethics committee proceeding, they may be helpful respect except they do not have a final vote on Eth-
to psychologists in more clearly defining what con- ics Committee matters.
stitutes ethical behavior in different countries and The second part of the APA’s ethics program
cultures. Thus, psychologists should be aware of consists of the Ethics Office. The Ethics Office is
the benefits of adhering to the APA Ethics Code as composed of APA staff hired by APA’s chief operat-
well as the benefits of the many other resources ing officer. The Ethics Office staff assists and sup-
available to them. ports the Ethics Committee in all its functions, in
addition to having such functions as offering educa-
tional workshops that the staff provides on its own
THE APA ETHICS PROGRAM:
initiative.
AN OVERVIEW
The goal of APA’s ethics program, both the
Professional ethics does not exist in a vacuum. It Ethics Office and the Ethics Committee, is to pro-
exists in the context of a defined discipline that very mote ethics in psychology. The Ethics Office and
likely has an organization that represents the mem- Ethics Committee do so in four ways: adjudica-
bers’ interests. One aspect of a professional group tion, education, consultation, and special proj-
will be promoting the ethics of the profession. Gen- ects. The discussion of ethics consultation is
erally, an association’s ethics office or ethics officer, lengthier than the other three discussions and is
working together with an ethics committee, will designed to convey both the importance of ethics
carry out this function. consultation and the process by which the APA

48
Ethics and Ethics Codes for Psychologists

Ethics Office provides a consultation in a complex the psychologist appears in person and has the pre-
dilemma. rogative to have an attorney present. APA ethics
adjudications are conducted under the provisions
Ethics Adjudication of the Ethics Committee’s “Rules and Procedures”
Ethics adjudication consists of the Ethics Commit- (APA, Ethics Committee, 2002).
tee, with the assistance of the Office staff, reviewing
and responding to complaints against APA mem- Ethics Education
bers. Cases may come before the Ethics Committee The second function of the ethics program, in addi-
in three ways. First, an individual may file an ethics tion to adjudicating ethics cases, is ethics educa-
complaint against an APA member that claims the tion. In the late 1990s, the APA Board of Directors
member has violated the Ethics Code. Second, an reviewed the ethics program, although historically
entity such as a licensing board or court of law may its function had focused on adjudication. The Board
render a serious decision against an APA member, of Directors requested that the Ethics Committee
Copyright American Psychological Association. Not for further distribution.

and the adverse decision comes to the attention of and Ethics Office enhance APA’s ethics education
the Ethics Committee. The first path is called a efforts. Over the next several years, significant
complainant matter, and the second path is called a efforts were put into developing an education
show cause matter because the member must now aspect to the program, and currently, APA offers
show cause why he or she should not be expelled 40 to 50 ethics workshops and seminars across the
from APA. One important note about show cause country each year. Part of the education program
matters is that only matters deemed expellable involves a student ethics writing prize, sponsored
reach the Ethics Committee through this path. jointly with APA’s graduate student program, and
Third and finally, the Ethics Committee may hear travel grants to the biennial multicultural confer-
a sua sponte case, which occurs when the Ethics ence and summit. A goal central to these education
Committee initiates an ethics case on its own efforts is to promote thinking about ethics in a pre-
accord by virtue of some information in the public ventative manner so that problems are identified
domain. As an example of how a sua sponte matter and addressed before they become violations. The
begins, a newspaper may carry a story about a psy- education program seeks to promote interest in eth-
chologist alleged to have engaged in insurance ics among psychology students and trainees.
fraud or sexual improprieties with a patient. Every
case that comes before the Ethics Committee is a Ethics Consultation
complainant, show cause, or sua sponte matter. The third function of the ethics program, in addition
Investigations are closed if they do not meet cri- to adjudication and education, is ethics consulta-
teria for becoming cases. The Ethics Committee tion. The Ethics Office staff answers phone calls
hears cases, assisted in its investigation by the Ethics from APA members and the public each working
Office staff. The Ethics Committee then makes a rec- day. Typical questions involve providing services
ommendation, which, for all show cause cases and over the Internet, billing and the use of collection
any other cases involving expulsion, ultimately go agencies, appropriate termination, multiple roles
to the Board of Directors. The Board of Directors has and relationships, exceptions to confidentiality, and
the final determination regarding the resolution media ethics. Less frequently, but nonetheless on a
of the case. Generally, cases at both the Ethics Com- regular basis, the Ethics Office receives questions
mittee and the Board of Directors level are reviewed regarding psychologists’ stolen cars with charts in
on the basis of materials submitted by the psycholo- them and stolen laptops with patient records. Gifts,
gist alleged to have engaged in inappropriate behav- bequests in wills, and a psychologist’s desiring to
ior. The exception is a formal hearing, which is adopt a child the psychologist has met in a clinical
offered in complainant and sua sponte cases follow- setting are also subjects of requests for consultation.
ing an Ethics Committee recommendation of expul- Given that APA has approximately 150,000 mem-
sion, the most serious sanction. At a formal hearing, bers, associates, and affiliates, all of whom have the

49
Behnke and Jones

ethics program as a resource, it is not surprising that APA. Situations and dilemmas are often complex
the Ethics Office receives calls on such a wide range precisely because they contain aspects that reach
of subjects. In addition to responding to questions beyond ethics. Frequently, therefore, a primary task
received by phone, the ethics program also has elec- in responding to a request for an ethics consultation
tronic means of responding to members’ requests for is to identify the ethical issues and to examine the
consultations. In such cases, the Ethics Office and relationship between the different kinds of issues
Ethics Committee may work together to provide that the call presents.
written responses. Several examples of calls that come to the Ethics
That offering ethics consultations has become Office illustrate this differentiation process. Psychol-
central to the work of the Ethics Office is natural ogists call the Ethics Office and ask about informa-
given the importance of consultation in the profes- tion they have received in session that may require a
sional life of an ethical psychologist. The Preamble duty to file a mandatory child abuse report to the
to the Ethics Code remarks on the role of local child protection agency. The question regard-
Copyright American Psychological Association. Not for further distribution.

consultation: ing whether the psychologist must file the report is


first a legal question: The psychologist must deter-
The development of a dynamic set of
mine whether the information meets the reporting
ethical standards for psychologists’
requirement in the relevant jurisdiction. After this
work-related conduct requires a personal
question is answered, the psychologist then applies
commitment and lifelong effort to act
the Ethics Code.
ethically; to encourage ethical behavior
by students, supervisees, employees, and Standard 4.05, Disclosures
colleagues; and to consult with others (a) Psychologists may disclose confi-
concerning ethical problems. dential information with the appropri-
ate consent of the organizational client,
Ethics consultation is one means by which psy-
the individual client/patient, or another
chologists remain connected to the community of
legally authorized person on behalf of the
their peers. Consultation is a check on impulses, a
client/patient unless prohibited by law.
way of ensuring that idiosyncratic perspectives
(b) Psychologists disclose confidential
remain grounded in good science, and a reminder
information without the consent of the
that openness to the perspective of one’s profes-
individual only as mandated by law, or
sional colleagues can be a good antidote to conflicts
where permitted by law for a valid pur-
of interest and to absolute certainty regarding the
pose such as to (1) provide needed pro-
correctness of one’s position. Consultation can be
fessional services; (2) obtain appropriate
sought when situations are upsetting and it is useful
professional consultations; (3) protect
to help regain emotional equilibrium by talking
the client/patient, psychologist, or oth-
things out, or to double-check one’s thinking on a
ers from harm; or (4) obtain payment for
particular situation. Consultations also have the
services from a client/patient, in which
benefit of reducing a psychologist’s exposure to legal
instance disclosure is limited to the
liability.
minimum that is necessary to achieve
On a practical level, offering ethics consultation
the purpose.
can be a complex endeavor. One complexity is the
necessity of differentiating ethical issues from legal, In the same manner, a psychologist may contact
clinical, and risk management issues, all of which the Ethics Office and ask whether he or she now has
are often—and sometimes inevitably—embedded in a duty to warn or protect by virtue of some threaten-
calls to the Ethics Office and Ethics Committee. Psy- ing communication a client has made. For both the
chologists contact the Ethics Office when they are mandatory child abuse reporting call and the duty to
faced with a complex dilemma. Simple or clear situ- protect or warn call, the ethical analysis rests on the
ations rarely stimulate a psychologist to contact legal analysis. When the psychologist determines

50
Ethics and Ethics Codes for Psychologists

whether a legal mandate to disclose is present, the authorized person.” This question, in turn, will
psychologist may then apply Standard 4.05. depend on the jurisdiction’s law. In certain jurisdic-
This differentiation is an important aspect of eth- tions, it may be that a single parent with legal cus-
ics consultation because a legal question must be tody is allowed to consent to psychological
answered before determining how the Ethics Code treatment without the consent or even knowledge of
applies. How the Ethics Code will apply therefore the other parent. In other jurisdictions, it may be
will depend on a legal analysis. Providing an ethics necessary that both parents provide consent or at
consultation may thus highlight the close and the very least both parents be informed about the
important relationship between ethics and law by treatment.
demonstrating that to interpret a psychologist’s ethi- As with mandatory child abuse reporting and
cal obligation correctly may require knowledge of duty to protect or warn, consent to a child’s treat-
the jurisdiction’s law. ment in the context of divorce is first a legal ques-
Another example of the differentiation between tion on which the ethical analysis rests. One
Copyright American Psychological Association. Not for further distribution.

legal and ethics questions may arise in the context of implication is that for the purposes of the consulta-
treating children whose parents are divorced. A psy- tion, the Ethics Office will refer the psychologist to
chologist will call the Ethics Office, indicating that a an individual with expertise in the jurisdiction’s law.
single parent with joint legal custody has brought a Rendering such legal determinations lies outside of
child in for treatment. The psychologist asks the APA Ethics Office’s expertise.
whether the single parent is able to provide adequate In differentiating ethics from legal, clinical, and
consent to treat the child. Again, in this instance, risk management considerations, it is essential to
the ethical analysis will follow on the legal analysis. have a broad view of what kinds of questions belong
to which domain. The ability to differentiate these
Standard 3.10, Informed Consent
kinds of questions from one another is important for
(a) When psychologists conduct
two reasons. First, different kinds of questions
research or provide assessment, therapy,
require distinct expertise. As stated previously, the
counseling, or consulting services in per-
APA Ethics Office does not—nor could it—have
son or via electronic transmission or other
expertise in the specific mental health laws of every
forms of communication, they obtain the
jurisdiction. Knowing what aspects of a situation
informed consent of the individual or
rest on knowledge of a specific jurisdiction’s laws
individuals using language that is reason-
therefore is essential in determining when to refer
ably understandable to that person or
the psychologist to an attorney with that specific
persons except when conducting such
expertise. Second, the process of offering a consulta-
activities without consent is mandated by
tion entails assisting the psychologist to integrate
law or governmental regulation or as oth-
ethical, legal, clinical, and risk management per-
erwise provided in this Ethics Code.
spectives into a coherent response. The integration
(b) For persons who are legally inca-
aspect to the consultation process rests on a clear
pable of giving informed consent, psy-
differentiation. For both these reasons, offering eth-
chologists nevertheless (1) provide an
ics consultation involves determining what kinds of
appropriate explanation, (2) seek the
questions are being asked.
individual’s assent, (3) consider such
It is sometimes a challenge to differentiate
persons’ preferences and best interests,
clearly and definitively what aspects of a situation
and (4) obtain appropriate permission
belong in the legal, clinical, risk management, and
from a legally authorized person, if
ethical categories. Nonetheless, a generally adequate
such substitute consent is permitted or
way of differentiating and categorizing the issues
required by law.
can be used. The legal issues are those that depend
What constitutes appropriate informed consent on the relevant statutes and regulations. The ques-
for treating a child will depend on who is “a legally tion posed from the legal question is, therefore,

51
Behnke and Jones

is this course of action required by or consistent recipients, (3) which of the individuals
with the relevant law? The clinical issues are those are clients, (4) the relationship the psy-
that relate to the goals of the treatment or assess- chologist will have with each person and
ment. The question posed from the clinical perspec- the organization, (5) the probable uses
tive is, therefore, will this course of action further of services provided and information
the treatment or assessment goals? The risk man- obtained, (6) who will have access to the
agement issues are those that relate to the psycholo- information, and (7) limits of confiden-
gist’s exposure to legal liability. The question posed tiality. As soon as feasible, they provide
from the risk management perspective is, therefore, information about the results and con-
will this course of action expose me to an undue clusions of such services to appropriate
degree of legal liability? The ethical issues are those persons.
that relate to the APA Ethics Code and the psychol-
ogist’s informed professional judgment regarding This standard is the result of the involvement of
Copyright American Psychological Association. Not for further distribution.

how to abide by the Ethics Code. The questions industrial and organizational psychologists in the
from the perspective of ethics are, therefore, what most recent revision of the Ethics Code and repre-
course of action is most consistent with the Ethics sents an important contribution to the ethics of this
Code, and how will I best do right by my client and area of practice.
other people affected by this decision? After having Another example of the evolving nature of psy-
differentiated these questions from one another and chological ethics is found in Standard 7.04, Student
integrated the answers into a coherent response, the Disclosure of Personal Information, which resulted
psychologist will be able to move forward. This dif- from the active involvement of a graduate student
ferentiation and integration is central to the process on the Ethics Code Task Force, the task force
of obtaining an ethics consultation. charged with drafting the 2002 Ethics Code:

Psychologists do not require students or


Special Projects and Issues supervisees to disclose personal infor-
The fourth and final function of the ethics program, mation in course- or program-related
in addition to adjudication, education, and consulta- activities, either orally or in writing,
tion, is special projects. Professional ethics can be regarding sexual history, history of
viewed from a developmental perspective. As the abuse and neglect, psychological treat-
field of psychology evolves, new issues emerge that ment, and relationships with parents,
highlight new ethical challenges for psychologists. peers, and spouses or significant oth-
As these challenges crystallize, they become incor- ers except if (1) the program or train-
porated into the Ethics Code. A review of the Ethics ing facility has clearly identified this
Code’s history illustrates how the evolution of the requirement in its admissions and pro-
field is reflected in the Ethics Code. As examples, gram materials or (2) the information
ethical standards that address work in organizations, is necessary to evaluate or obtain assis-
such as Standard 3.11, Psychological Services Deliv- tance for students whose personal prob-
ered to or Through Organizations, are relatively lems could reasonably be judged to be
recent additions in the context of the Ethics Code’s preventing them from performing their
six-decade history: training- or professionally related activi-
ties in a competent manner or posing a
(a) Psychologists delivering services to threat to the students or others.
or through organizations provide infor-
mation beforehand to clients and when Standards 3.11 and 7.04 illustrate how individu-
appropriate those directly affected by the als from specific areas of the field can identify possi-
services about (1) the nature and objec- ble harms and contribute their knowledge to the
tives of the services, (2) the intended Ethics Code revision process to facilitate the growth

52
Ethics and Ethics Codes for Psychologists

and development of psychologists’ professional Against Torture and the Geneva Conven-
ethics. tions) or the US Constitution (where
Since the last revision of the Ethics Code, which appropriate), unless they are working
was adopted in August 2002 and became effective in directly for the persons being detained or
June 2003, two issues have emerged that have come for an independent third party working
to the attention of the Ethics Office and Ethics Com- to protect human rights. (APA, 2008)
mittee. These issues are the involvement of psychol-
ogists in military interrogations, and the ethical In June 2009, the Ethics Committee issued an
aspects of psychologists responding to international explicit statement that there is no defense to torture
humanitarian disasters. A review of the process by under the Ethics Code.
which APA addressed the role of psychologists in Finally, in February 2010, the Council of Repre-
military interrogations illustrates how APA responds sentatives amended the sections of the Ethics Code
to events in society that affect psychologists and that addressed conflicts between ethics and law and
Copyright American Psychological Association. Not for further distribution.

psychology. between ethics and organizational demands. Previ-


The involvement of psychologists in military ously, these sections had stated that when faced
interrogations has challenged APA on many fronts. with such a conflict, a psychologist would engage
Memos written during the George W. Bush admin- in a process of attempting to resolve the conflict.
istration gave legal permission to engage in behav- If the attempt at resolution was unsuccessful, the
iors that would meet virtually any psychologist’s Ethics Code was silent regarding the psychologist’s
definition of torture. In response, the APA Council further ethical obligations. The Council of Repre-
of Representatives passed a series of resolutions, sentatives amended the Ethics Code to state that
and the APA membership adopted a resolution that the Ethics Code does not offer a defense to a viola-
established APA’s position on the issue of appro- tion of human rights. The amended version of
priate techniques of interrogation and the nature Standard 1.02, Conflicts Between Ethics and Law,
of settings in which psychologists could do Regulations, or Other Governing Legal Authority,
national security–related work. APA has a 20-year states,
history of statements against torture, and the If psychologists’ ethical responsibilities
Council of Representatives stated repeatedly that conflict with law, regulations, or other
engagement in torture and abuse was always and in governing legal authority, psychologists
every instance unethical. These statements, how- clarify the nature of the conflict, make
ever, did not elaborate on what constitutes torture. known their commitment to the Eth-
In response to techniques that were being used on ics Code, and take reasonable steps to
detainees, the Council of Representatives adopted resolve the conflict consistent with the
a resolution explicitly prohibiting specific tech- General Principles and Ethical Standards
niques of interrogation (the APA website contains of the Ethics Code. Under no circum-
a timeline of all APA actions related to the interro- stances may this standard be used to jus-
gation issue at http://www.apa.org/news/press/ tify or defend violating human rights.
statements/interrogations.aspx).
In addition to the Council of Representatives Amending the Ethics Code outside of a full
prohibiting specific behaviors, in September 2008, revision—a rare occurrence in the history of
the APA membership passed a petition resolution APA’s ethics program—was the culmination of
that addressed the issue of setting: intense discussion and debate about the role of
psychologists and the relationship between ethics
Be it resolved that psychologists may not and law in the context of a legal framework that
work in settings where persons are held APA members concluded did not adequately pro-
outside of, or in violation of, either Inter- tect the rights, welfare, and interests of detainees
national Law (e.g., the UN Convention in U.S. custody.

53
Behnke and Jones

The actions of the APA members, the Council of The first is the unique origin of the first formal code
Representatives, and the Ethics Committee over a rel- in APA’s use of the critical-incident method. Mem-
atively brief period of time highlight the impact the bers of APA were asked to “describe a situation they
issue of military interrogations has had on the APA. knew of first-hand, in which a psychologist made a
These actions also highlight the evolving nature of decision having ethical implications, and to indicate …
psychology’s ethics and how APA has addressed an the ethical issues involved” (APA, 1953, p. vi). This
issue that emerged in the context of events in Ameri- process led to the first APA ethics code, published in
can society that had significant implications for mem- 1953, which was 171 pages and included 310 rule
bers of APA both as citizens and as psychologists. elements. This level of detail was abandoned in the
(More information on military interrogations can be 1959 revision, amid criticism that the code was too
found in Chapter 5 of this volume.) long, codified etiquette, and was redundant. APA
addressed removing the original incidents from the
code by requesting that the Ethics Committee
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THE STRUCTURE AND CONTENT OF


develop a casebook that would anchor the code in
THE 2010 ETHICS CODE: AN OVERVIEW
behavioral descriptions. These behavioral descrip-
The 2010 Ethics Code is divided into four parts: the tions are the precursors of the ethical standards in
Introduction and Applicability section, the Pream- the 2010 Ethics Code.
ble, the Ethical Principles, and the Ethical Stan- A second process has been the evolving role of
dards. The purpose of the Ethics Code is found in enforcement of the Ethics Code. Even before adop-
the Preamble: tion of an ethics code, APA took action on concerns
about the behavior of its members. While consider-
This Ethics Code is intended to provide
ing whether to have a formal ethics code, commit-
specific standards to cover most situa-
tees took action “informally.” Later, these actions
tions encountered by psychologists. It
were taken by the Ethics Committee, but with few
has as its goals the welfare and protec-
rules for the process of handling complaints. An
tion of the individuals and groups with
expulsion was handled by having the member
whom psychologists work and the edu-
appear before the Council of Representatives. The
cation of members, students, and the
rules evolved over the years until the bylaws were
public regarding ethical standards of the
changed to provide that the Ethics Committee
discipline.
would adopt formal rules, which the Board of Direc-
The entire Ethics Code should be read and applied tors would approve on behalf of the Council of Rep-
in the context of this passage setting forth the resentatives. Again, if one places the evolution of
Code’s purpose. APA’s Ethics Code in a developmental framework, it
is clear that the processes used by APA to discipline
History of the Ethics Code members in the early years of the Association would
APA published its first ethics code in 1953, nearly 6 not withstand 21st-century legal scrutiny.
decades after the Association was founded. This tim- Two major events in the late 1980s and early
ing makes sense if one places ethics in a developmen- 1990s influenced the further development of the
tal perspective. Over time, psychologists had come to Ethics Code. First, the Bureau of Competition of the
realize that their work could lead to significant bene- Federal Trade Commission conducted an investiga-
fits for individuals and for society. During this time, tion and found several provisions in the code of con-
psychologists also were learning that significant harms cern. APA entered into a consent agreement in
could result when their techniques were not applied which the Association agreed to rescind several
properly. The discovery of these harms led APA to principles in the code that restricted how psycholo-
begin the process of developing its first ethics code. gists related to their work in the public domain. The
The history of the APA’s ethics codes can be less obvious but no less important effect of the Fed-
traced in terms of several key concepts or processes. eral Trade Commission action was for APA to

54
Ethics and Ethics Codes for Psychologists

enhance the procedural safeguards for members 1992 code. Likewise, the amendments adopted by
under investigation. Although a number of such the Council of Representatives in 2010 were a
safeguards were already in place, the Federal Trade response to concerns that the 2002 Ethics Code
Commission action stimulated a significant could be interpreted to allow psychologists to
enhancement of the “Rules and Procedures” (APA, engage in the abuse of detainees and thus were a
Ethics Committee, 2002) that govern the Ethics reflection of and response to current events in
Committee’s work. society.
The second event in the development of the APA A process that occurred within the Association
code during this time was a North Carolina court and that had a significant impact on the ethics pro-
ruling. The court found that several provisions in gram involved discussions during the late 1990s
the APA Ethics Code were “unconstitutionally regarding the possibility of discontinuing the adju-
vague for purposes of being cited for specific viola- dication aspect of APA’s ethics program, that is, of
tions” (White v. the North Carolina State Board of stopping ethics enforcement. The Board of Directors
Copyright American Psychological Association. Not for further distribution.

Examiners of Practicing Psychologists, 1990). The reviewed the entire ethics program with a focus on
court found that psychologists were not given suffi- whether APA’s ethics resources were being used
cient specificity regarding what behaviors were con- effectively. The Board of Directors affirmed continu-
sidered ethics violations that could lead to sanction ing ethics adjudication but directed the Ethics Office
by the North Carolina licensure board. Because and Ethics Committee to enhance their ethics edu-
North Carolina was using the APA Ethics Code for cation and consultative functions. To ensure that
its standards and such specificity is considered an the resources were available for these initiatives, the
element of fairness in a legal proceeding, this action Board of Directors streamlined the adjudication pro-
had an impact on APA and other licensure boards. cess by allowing members to resign when under eth-
Until the 1992 APA Ethics Code revision, there was ics investigation and by automatically expelling
no differentiation between aspirational and enforce- members who had received discipline such as loss of
able provisions in the code. The White v. North license or conviction of a felony. The board deter-
Carolina Board case was a prime motivation in dif- mined that as part of this process, a member would
ferentiating principles that are aspirational in nature be given the opportunity to show cause why expul-
from enforceable ethical standards that could form sion from APA was not appropriate.
the basis of a sanction. The substance and process of the ethics program
Another important concept in the evolution of has evolved since APA published its first Ethics
the Ethics Code has been the view of the code as a Code in 1953. This evolution reflects developments
living document. Revisions to the code reflect psy- of the field and events in society as well as a greater
chology’s development as a field and in society as a emphasis on procedural protections afforded to psy-
whole. One could use the Ethics Code as a window chologists who are under ethics scrutiny. A thor-
into the relationship between psychology and soci- ough and much lengthier history would review each
ety over the past six decades. The addition in the of the Ethics Code’s 10 revisions, including the 2010
1965 revision of a standard regarding use of drugs amendments, but this review provides a basic over-
in research came in response to the drug culture of view of how the 2010 Ethics Code attained its cur-
the 1960s. As another example, the original code rent form.
included provisions that could be interpreted to pro-
hibit sexual involvement with clients. In light of Introduction and Applicability
society’s growing awareness of sexual involvements The Introduction and Applicability section has
between mental health professionals and clients and seven paragraphs, each of which conveys an impor-
the resulting harms, it was felt that a rule explicitly tant point about the Ethics Code’s application. The
prohibiting this behavior was required. Such a rule first paragraph distinguishes ethical principles from
was added in the 1977 code. A rule regarding sexual ethical standards. Principles in the Ethics Code are
involvement with former clients was added in the aspirational, whereas standards form enforceable

55
Behnke and Jones

rules of conduct. The first paragraph makes clear four reasons. The drafters explained that these
that the standards are not exhaustive and that words
silence in the standards regarding a particular
(1) allow professional judgment on
behavior does not mean that the behavior is ethical
the part of psychologists, (2) eliminate
or unethical for psychologists.
injustice or inequality that would occur
The second paragraph distinguishes psycholo-
without the modifier, (3) ensure applica-
gists’ professional behavior from their behavior that
bility across the broad range of activities
is “purely private.” Purely private conduct is not
conducted by psychologists, or (4) guard
within the Ethics Code’s purview, although behavior
against a set of rigid rules that might be
that constitutes a felony unrelated to the practice of
quickly outdated.
psychology may fall within the Ethics Committee’s
jurisdiction and result in a sanction by the Ethics The drafters gave special attention to the word rea-
Committee. The second paragraph also states that sonable: “The term reasonable means the prevailing
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activities on the “telephone, Internet, and other elec- professional judgment of psychologists engaged in
tronic transmissions” fall within the Ethics Code’s similar activities in similar circumstances, given the
purview. This point is important because psycholo- knowledge the psychologist had or should have had
gists increasingly engage in telemedicine and make at the time.”
use of social network sites. (More information on This explanation is important because it means
issues related to telehealth can be found in Volume 2, that a psychologist should be held to the prevailing
Chapter 10, this handbook.) The Ethics Code’s standard of psychologists working “in similar activi-
statement makes clear that the Ethics Code covers ties in similar circumstances” and thus limits the
all psychologists’ professional activities regardless of conditions against which a psychologist’s profes-
the venue in which they occur. sional activities are to be measured.
The third paragraph in the Introduction and The seventh and final paragraph in the Introduc-
Applicability section makes two points. First, mem- tion and Applicability section is a discussion of the
bership in the APA commits one to abide by the Eth- process of ethical decision making and the appropri-
ics Code. Second, a lack of awareness about an ate response of psychologists confronted with a con-
ethical standard is not an excuse for unethical con- flict between ethics and law. This paragraph gives a
duct. The fourth paragraph addresses the process of role to the psychologist’s own conscience in resolv-
ethics adjudication, which is largely governed by the ing ethical dilemmas, in addition to the role of the
Ethics Committee’s “Rules and Procedures” (APA, Ethics Code, laws and regulations, and policies
Ethics Committee, 2002). The fifth paragraph states adopted by other psychological associations. In terms
that the Ethics Code is not intended as the basis for of the relationship between ethics and law, the Intro-
civil liability and should not be the sole foundation duction and Applicability section states that psychol-
for a finding in a court action. ogists abide by the higher standard when the two
The sixth paragraph explains how the words rea- differ. If a conflict exists between the two such that
sonably, appropriate, and potentially are used in the ethics and law cannot be reconciled, the Ethics Code
Ethics Code. In the process of revising the Ethics sets forth a process for the psychologist to follow. A
Code, these words became the subject of consider- 2010 amendment to the Introduction and Applicabil-
able discussion and debate. Certain members felt ity section clarifies that the Ethics Code may never be
that such words could generate ambiguity about a used to justify or defend a violation of human rights.
psychologist’s ethical obligations and therefore
should be avoided. Other members felt that such The Preamble
words provide flexibility in situations in which a The Preamble is a three-paragraph statement setting
psychologist would need to apply his or her forth the goals of the Ethics Code and describing
informed, professional judgment. The drafters of the what is required in a psychologist’s professional
2002 Ethics Code decided to retain the words for commitment to act ethically. Two of the Preamble’s

56
Ethics and Ethics Codes for Psychologists

three paragraphs have been reproduced in this chap- states that psychologists attempt to avoid “or” mini-
ter. Central to the Preamble is its statement that the mize harm.
Ethics Code “provides a common set of principles Principle B, Fidelity and Responsibility, is about
and standards upon which psychologists build their establishing trust with clients and others with whom
professional and scientific work.” This sentence is psychologists work. Principle B also calls on psy-
important because it establishes that psychologists chologists to be aware of their responsibilities to
have a common set of principles and standards that society. Two additional concepts in Principle B have
govern their work. Although the Introduction and special importance to maintaining the ethics and the
Applicability section, coming just a few sentences ethical identity of the profession. First, psycholo-
before the Preamble, identifies the psychologist’s gists take responsibility for the behavior of their col-
personal conscience as having a role in ethical deci- leagues’ professional conduct. Second, psychologists
sion making, the Preamble soon makes clear that should strive to contribute a portion of their time for
professional ethics is more than merely the applica- pro bono activities. Principle B thus moves outward
Copyright American Psychological Association. Not for further distribution.

tion of a psychologist’s own judgment. from a focus on psychologists’ ethical obligations to


the individuals and groups whom they serve, to psy-
General Principles chologists’ responsibility for the behavior of other
APA’s Ethics Code is based on principlism, an psychologists, to psychologists’ willingness to give
approach to ethics that begins with setting forth a back to the community and society for little or no
set of principles from which can be derived rules for compensation.
ethical behavior (Beauchamp & Childress, 2009). Principle C, Integrity, emphasizes accuracy,
Different systems of ethics that use a principle-based honesty, and truthfulness among psychologists. In
approach vary in the number of principles they see short, Principle C says that psychologists should
as foundational. In addition, there is no universally not lie, cheat, or steal. This principle can also be
agreed on manner to conceptualize these principles, read in the context of the entire Ethics Code to
so some authors may separate beneficence and non- crystallize and demonstrate the concept of an ethi-
maleficence into two separate ethical principles. cal dilemma. Social psychology has a long and
APA’s Ethics Code has five principles. Each princi- distinguished history of conducting studies that
ple has a paragraph that elaborates on the meaning involve deception. A tension exists between Princi-
of the principle for psychologists. ple C and the methodology of these studies: Accu-
The first principle is Principle A, Beneficence and racy, honesty, and truthfulness are pitted against
Nonmaleficence, that is, do good and do no harm. the advancement of knowledge. This tension repre-
The principle contains several core ideas: When psy- sents a dilemma because two core values—integrity
chologists’ obligations conflict, psychologists resolve and advancing the science of psychology—are in
conflicts in a manner that avoids or minimizes harm; opposition.
psychologists are alert to conflicts of interest; and Standard 8.07, Deception in Research, provides
psychologists engage in self-care. This first principle guidance on how to resolve the tension:
can be viewed as the foundation of all psychology
ethics, but the mandate to do no harm often is mis- (a) Psychologists do not conduct a study
understood to say that psychologists may never act involving deception unless they have
in such a manner that will bring harm to an individ- determined that the use of deceptive
ual with whom they work. Filing a mandatory child techniques is justified by the study’s
abuse report regarding a client may harm the client. significant prospective scientific, educa-
The good that comes from filing the mandatory tional, or applied value and that effective
report, however—protecting a vulnerable child— nondeceptive alternative procedures are
outweighs the harm to the client, and so filing the not feasible.
report is consistent with the Ethics Code. It is for (b) Psychologists do not deceive pro-
this reason that the language under Principle A spective participants about research that

57
Behnke and Jones

is reasonably expected to cause physical Principle E focuses on two related but distinct
pain or severe emotional distress. concepts. The principle calls on psychologists to
(c) Psychologists explain any decep- respect first “the dignity and worth of all people”
tion that is an integral feature of the and second “the rights of individuals to privacy,
design and conduct of an experiment to confidentiality, and self-determination.” The con-
participants as early as is feasible, prefer- cepts are related because respecting an individual’s
ably at the conclusion of their participa- dignity and worth may entail respecting his or her
tion, but no later than at the conclusion privacy, confidentiality, and self-determination. The
of the data collection, and permit partici- concepts are distinct because of cultural differences.
pants to withdraw their data. Privacy, confidentiality, and self-determination may
be viewed differently by non-Western cultures than
Standard 8.07 resolves the tension between accu- they are in North American contexts. The concepts
racy, honesty, and truthfulness on the one hand and also are distinct because psychologists work with
Copyright American Psychological Association. Not for further distribution.

advancing science through a study using deception individuals whose ability to exercise self-determina-
on the other through the mechanism of informed tion is compromised in some measure, a possibility
consent (8.07c). The relationship between Principle that Principle E explicitly recognizes, “Psychologists
C and Standard 8.07 provides an example of how are aware that special safeguards may be necessary
the standards may help psychologists resolve the to protect the rights and welfare of persons or com-
tension between competing values in an ethical munities whose vulnerabilities impair autonomous
dilemma. decision making.” Thus, respecting the dignity and
Justice is Principle D. The Ethics Code uses the work of people may have substantially different
concept of justice as fairness to elaborate on Princi- implications depending on an individual’s capacity
ple D. Fairness in Principle D means equal access to exercise self-determination. Resonating with Prin-
and equal quality in the services psychologists offer. ciple D, Justice, Principle E ends by identifying
Principle D also highlights the issue of bias in the impermissible bases for bias and calling on psychol-
provision of services. This emphasis raises complex ogists to eliminate the effect of such biases in their
ethical questions. Principle D states the following: work.
“Psychologists exercise reasonable judgment and Impermissible biases identified in Principle E
take precautions to ensure that their potential include age, gender, gender identity, race, ethnicity,
biases, the boundaries of their competence, and the culture, national origin, religion, sexual orientation,
limitations of their expertise do not lead to or con- disability, language, and socioeconomic status. This
done unjust practices.” list is another example of how the principles reso-
At times, psychologists may choose to refer an nate with the standards. A number of standards also
individual to another psychologist for services. The contain a list of these characteristics, which psychol-
basis for the referral may be that the referring psy- ogists are prohibited from using as a basis for their
chologist does not feel competent to provide the actions.
requested services. At what point, however, the
decision not to accept clients on the basis of charac- Ethical Standards
teristics such as age, gender, sexual orientation, or The Ethics Code has 89 ethical standards grouped
race becomes an issue of bias and unjust discrimina- into 10 sections. Each section addresses an area of
tion rather than an issue of professional competence ethics. The 89 standards are enforceable and thus
is not always clear. Principle D calls on psycholo- establish minimum acceptable standards of conduct
gists to be aware of how their own biases may have a for psychologists. When the APA Ethics Committee
role in these decisions. The statements against bias receives an ethics complaint against a psychologist,
in Principle D foreshadow Principle E, Respect for the Ethics Committee examines which, if any, of the
People’s Rights and Dignity, which further elabo- ethical standards the psychologist has violated.
rates on this concept. Although the psychologist’s behavior may have been

58
Ethics and Ethics Codes for Psychologists

inconsistent with one or more of the five ethical thus makes all psychologists responsible for the eth-
principles, to make a finding of unethical conduct in ical practice of the profession.
a complainant or sua sponte case the Ethics Commit- Section 2 of the Ethics Code, Competence, con-
tee must identify a specific standard that has been sists of six standards on various aspects of compe-
violated because standards, not principles, form the tence. This section distinguishes the 2002 Ethics
basis of an ethics action. Code from its predecessor the 1992 Ethics Code
Section 1 of the Ethics Code’s 10 sections is (APA, 1992), which did not have an entire set of
Resolving Ethical Issues and contains eight stan- standards devoted specifically to competence. This
dards that address some aspect of the adjudicatory reorganization reflects how the drafters of the 2002
and ethics decision-making processes. Read as a Ethics Code envisioned competence as a concept
whole, these standards set a tone for how psycholo- that should be addressed as unitary and cohesive
gists apply the Ethics Code in their professional within the Ethics Code.
lives. The first standard in Section 2 (Standard 2.01,
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The first standard in the Ethics Code (Standard Boundaries of Competence) emphasizes the necessity
1.01, Misuse of Psychologists’ Work) obliges psy- of competence in psychologists’ professional lives.
chologists to “correct or minimize” misuse or mis- The standard indicates that multiple paths to compe-
representation of their work. The next two ethical tence include “education, training, supervised experi-
standards (Standards 1.02, Conflicts Between Ethics ence, consultation, study, or professional experience.”
and Law, Regulations, or Other Governing Legal This standard also recalls Principle E, Respect for
Authority, and 1.03, Conflicts Between Ethics and Peoples’ Rights and Dignity, by identifying specific
Organizational Demands) address how psycholo- individual characteristics that may be essential for
gists resolve conflicts between ethics and other obli- psychologists to consider in providing services.
gations, such as those imposed by the law or by their Standard 2.01 emphasizes competence across the
workplace. The next two standards (Standards 1.04, spectrum of psychologists’ activities by explicitly
Informal Resolution of Ethical Violations, and 1.05, addressing competence in forensic practice. This
Reporting Ethical Violations) address how psycholo- language regarding forensic work in the section on
gists respond to possible ethical violations of col- competence also distinguishes the 2002 Ethics Code
leagues. The final three standards in the first section from the 1992 Ethics Code, which had an entire sec-
obligate psychologists to cooperate with ethics com- tion devoted exclusively to forensic work. The 2002
mittees (Standard 1.06, Cooperating With Ethics Ethics Code removed a separate forensic section.
Committees), prohibit psychologists from filling Matters covered in the 1992 forensic standards can
improper ethics complaints (Standard 1.07, be found throughout the 2010 Ethics Code, as the
Improper Complaints), and proscribe psychologists section on competence demonstrates.
from acting against individuals solely for having The second standard in Section 2 (Standard 2.02,
filed or being the subject of an ethics complaint Providing Services in Emergencies) creates an
(Standard 1.08, Unfair Discrimination Against Com- exception to the requirement of competence in
plainants and Respondents). emergency situations but requires psychologists
Section 1 of the Ethics Code highlights the cen- without the relevant competence to stop working
trality of ethics processes to the professional life of when the emergency ends or when others with the
the individual psychologist and to the field of psy- relevant competence are available. The third stan-
chology as a whole. The section locates psychology dard (Standard 2.03, Maintaining Competence)
within the context of a larger society by setting forth requires psychologists to maintain competence
the relationship between the Ethics Code and other throughout their professional lives. The fourth stan-
obligations in psychologists’ lives, such as those pre- dard (Standard 2.04, Bases for Scientific and Profes-
sented by the law and in the work setting. Finally, sional Judgments) underscores the science of
Section 1 defines psychologists’ obligations to be psychology by stating that psychologists base their
aware of the ethical conduct of their colleagues and work on “established scientific and professional

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knowledge of the discipline.” The fifth standard Standards 3.05, Multiple Relationships, and 3.06,
(Standard 2.05, Delegation of Work to Others) Conflicts of Interest, use similar language to address
imposes on supervisors the obligation to ensure that one of the most vexing ethical challenges to psy-
the work of supervisees and others is performed in a chologists. Psychologists often misunderstand the
competent fashion. Ethics Code to say that all multiple relationships are
The sixth and final standard in Section 2 (Stan- unethical. Rather, the Ethics Code gives a test to
dard 2.06, Personal Problems and Conflicts) involves determine which multiple relationships are inappro-
an issue that has received an increasing amount of priate. According to the standard, psychologists
attention in the professional literature. Standard 2.06 should avoid a multiple relationship that “could rea-
address psychologists’ responsibilities when a per- sonably be expected to impair the psychologist’s
sonal problem or conflict potentially interferes with objectivity, competence, or effectiveness in perform-
their professional work. This standard highlights the ing his or her functions as a psychologist, or other-
importance of self-care in ensuring that psycholo- wise risks exploitation or harm.” Standard 3.06 has
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gists are able to carry out their work-related respon- similar language alerting psychologists to avoid a
sibilities. In this way, Standard 2.06 “reaches into” a potential conflict of interest. These standards are
psychologist’s personal life by placing on psycholo- important because they provide two related but dis-
gists an obligation to examine their personal behav- tinct reasons why psychologists should avoid certain
ior and be alert to times when events in their private relationships: interference with professional duties
lives may affect their work as psychologists. and exploitation. Not all problematic multiple rela-
Section 2 in the Ethics Code requires psycholo- tionships are exploitative; that is to say, some multi-
gists to work within the boundaries of their compe- ple relationships are problematic not by virtue of
tence. The section then grounds psychologists in the exploitation but rather because they diminish the
science of the profession. Finally, the section effectiveness, competence, or objectivity of psychol-
focuses psychologists inward to underscore the con- ogists in their professional role and thus create a
nection between the personal and the professional. risk of harm.
Section 3 is Human Relations and has 12 stan- Psychologists frequently provide services at the
dards. The standards in Section 3 cover a wide range request of a third party. Psychologists who work in
of psychologists’ activities and are relevant to psy- court settings, for employee assistance programs,
chologists’ relationships with all the individuals and and in schools may find themselves treating or
groups with whom psychologists work. The first assessing an individual who may not understand the
three standards in Section 3 (Standards 3.01, Unfair nature of the relationships among the various par-
Discrimination; 3.02, Sexual Harassment; and 3.03, ties. Standard 3.07, Third-Party Requests for Ser-
Other Harassment) prohibit psychologists from vices, addresses such situations, largely through the
engaging in discriminatory and harassing behaviors. mechanism of informed consent. Standard 3.07
Standards 3.01 and 3.03 relate to Principle E, requires psychologists to inform all parties involved
Respect for Peoples’ Rights and Dignity, by prohibit- about essential aspects of the arrangement. Standard
ing discrimination on impermissible bases that 3.08, Exploitative Relationships, prohibits psycholo-
closely match Principle E’s list of characteristics. gists from exploiting those with whom they work.
Standard 3.04, Avoiding Harm, can be consid- Standard 3.09, Cooperation With Other Profession-
ered the heart of Section 3 and even of the standards als, states that psychologists cooperate with other
as a whole. The standard places on psychologists an professionals “in order to serve their clients/patients
obligation to avoid harm when it is avoidable and to effectively and appropriately.”
minimize harm when harm cannot be avoided. By Standard 3.10 addresses informed consent,
this twofold approach, the Ethics Code recognizes which is considered central to the ethical practice of
the complexity of psychologists’ work by acknowl- all health care–related professions. The standard
edging that in certain situations psychologists may says that when engaged in any professional activity,
not be able to avoid harm entirely. psychologists obtain informed consent “in language

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Ethics and Ethics Codes for Psychologists

that is reasonably understandable to that person,” Standard 4.01, Maintaining Confidentiality,


and provides for certain limited exceptions when emphasizes the centrality of confidentiality to psy-
psychologists are not required to obtain informed chologists. The standard states that “Psychologists
consent. The standard says that psychologists seek have a primary obligation and take reasonable pre-
the “assent” of individuals who are not legally capa- cautions to protect confidential information.” The
ble of giving their informed consent and inform standard then locates a psychologist’s obligations to
individuals of the nature of services that are man- maintain confidentiality under the APA Ethics Code
dated by law. Finally, the standard requires psychol- in the context of other relevant laws and policies by
ogists to document consent. Such documentation continuing that psychologists protect confidentiality
does not require psychologists to obtain signed, while “recognizing that the extent and limits of con-
written consent forms. Rather, the standard requires fidentiality may be regulated by law or established
that psychologists “appropriately” document con- by institutional rules or professional or scientific
sent, which may entail making a note in the chart relationship.” This caveat is important because psy-
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rather than obtaining a form. chologists work in a range of settings in which poli-
Standard 3.11, Psychological Services Delivered cies that are in tension with the Ethics Code may
To or Through Organizations, reflects the involve- govern confidentiality. As a consequence, psycholo-
ment of psychologists engaged in industrial and gists must negotiate competing tensions over when,
organizational work during the Ethics Code revi- how much, and to whom to disclose confidential
sion process. This standard is at heart an informed information.
consent standard because it sets forth what infor- Standard 4.02, Discussing the Limits of Confiden-
mation psychologists provide to their clients when tiality, is another standard in the Ethics Code that
psychologists work in an organizational setting. has informed consent as its underlying concern.
Finally, Standard 3.12, Interruption of Psychologi- Standard 4.02 requires psychologists to inform indi-
cal Services, describes what steps psychologists viduals and groups with whom they have a profes-
take to prepare for an anticipated or unanticipated sional relationship about the limits of confidentiality.
interruption in their services. The standard says that psychologists provide this
Section 3 covers a wide range of relationships. It information at the beginning of the relationship
begins by prohibiting harassment and discrimina- “unless it is not feasible or is contraindicated.” This
tion, continues by providing a test to determine exception in the standard recognizes beneficence as a
when to avoid certain relationships, emphasizes the consideration that informs when and how the limits
centrality of informed consent in multiple settings of confidentiality will be discussed. It would not be
where psychologists work, prohibits exploitation clinically appropriate to inform an individual in a cri-
and mandates cooperation, and finally requires that sis situation of all the limitations to confidentiality.
psychologists anticipate that their work may be Finally, the standard explicitly calls on psychologists
interrupted for unanticipated reasons. Section 3 can to inform clients about the limits of confidentiality
best be described as ordering the fundamentals of when electronic transmission is used.
the relationships that will constitute a psychologist’s Standard 4.03, Recording, states that psycholo-
professional life. gists must obtain permission before recording voices
Section 4, Privacy and Confidentiality, covers the or images. Standard 4.04, Minimizing Intrusions on
concept of confidentiality. The seven ethical stan- Privacy, says that psychologists include in their
dards in Section 4 address different areas of psychol- reports only information relevant to the purpose of
ogists’ work. The standards can be read as directing the communication. Psychologists write reports for
psychologists how to resolve the dilemmas that arise a range of clients and often obtain information that,
when confidentiality is in tension with other values if disclosed, would have significant implications for
of the profession such as doing good, avoiding harm, an individual’s life, such as a criminal history or
and advancing science. (More information on privi- medical status. Standard 4.04 indicates that the psy-
lege can be found in Chapter 13 of this volume.) chologist should examine whether the information

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is relevant to the purpose of the communication. If complex and important dilemma for psychologists
the information is not relevant to the reason a report who use clinical material for didactic purposes. The
is being written, the information should not be standard allows disclosure without client consent if
included. Standard 4.04 also cautions psychologists identifying information is disguised, but disguise
to limit their disclosures of information to “persons inevitably represents a distortion of the material.
clearly concerned” and for “appropriate scientific or Hence, disguise may complicate the very didactic
professional purposes.” mission that it is intended to further.
Standard 4.05, Disclosures, sets forth three con- Section 5, Advertising and Other Public State-
ditions that allow a psychologist to disclose confi- ments, has six standards that govern how psychol-
dential information: client consent, legal mandate, ogists present themselves in public forums. Several
and legal permission. Client consent is a frequent concepts are firmly embedded in Section 5. First,
reason for disclosing confidential information and is psychologists do not misrepresent themselves or
consistent with the value of autonomy. Often clients their work. Second, when psychologists provide
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want or even need psychologists to provide informa- public advice or comment, they abide by the Eth-
tion to a third party on their behalf. In the absence ics Code and ground their comments in their
of client consent, psychologists disclose information professional knowledge and experience. Third,
in response to a legal mandate, such as a mandatory psychologists do not exert undue influence over
child abuse report. In such an instance, a value clients or potential clients for their own financial
other than confidentiality, such as protecting a vul- or business gain.
nerable child, takes precedence over confidentiality. Standard 5.01, Avoidance of False or Deceptive
Mandatory child abuse reporting laws are a Statements, prohibits psychologists from making
reminder that psychology is practiced in the context false or misleading statements about any aspect of
of a society with laws that affect the work psycholo- their professional life. Standard 5.02, Statements by
gists do. Standard 4.05 also states that psychologists Others, places on psychologists the burden of ensur-
may disclose confidential information when they ing that statements prepared by others on their
have legal permission to do so. As an example, the behalf are not misleading. Standard 5.03, Descrip-
Health Insurance Portability and Accountability Act tions of Workshops and Non-Degree-Granting Edu-
allows psychologists to share treatment-related cational Programs, requires that psychologists
information with other professionals for treatment provide accurate descriptions of non-degree-grant-
purposes even in the absence of client consent. ing programs. Standard 5.04, Media Presentations,
Standard 4.06, Consultations, allows psycholo- states that psychologists provide public advice or
gists to obtain information for the purpose of a con- comment in a manner that is consistent with the
sultation without consent “only if the disclosure Ethics Code and grounded in the psychologist’s
cannot be avoided” and then requires psychologists “professional knowledge, training, or experience in
to disclose only the minimum amount of informa- accord with appropriate psychological literature and
tion necessary for the purpose of the consultation. practice.” Standard 5.04 also prohibits psychologists
Standard 4.06 thus negotiates the tension between from indicating that a professional relationship is
beneficence and confidentiality and gives prece- created with the recipients of media-given advice.
dence to beneficence when both goals cannot be Standard 5.05, Testimonials, and Standard 5.06, In-
met. Standard 4.07, Use of Confidential Information Person Solicitation, address undue influence. These
for Didactic or Other Purposes, addresses the disclo- standards state that psychologists do not seek testi-
sure of information in academic publications and at monials or solicit business from two classes of peo-
professional conferences. Standard 4.07 states that ple: current clients and “other persons who because
disclosures for didactic purposes are permitted with of their particular circumstances are vulnerable to
the client’s consent. In the absence of client consent, undue influence.” In sum, Section 5 underscores the
the material must be disguised or the disclosure value of accuracy, honesty, and truthfulness, as
must be legally authorized. Standard 4.07 raises a embodied in Principle C, Integrity, and the value of

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Ethics and Ethics Codes for Psychologists

nonexploitation, as embodied in Principle A, Benefi- information by individuals not authorized to view


cence and Nonmaleficence. the material.
Section 6, Record Keeping and Fees, has seven Standard 6.03, Withholding Records for Nonpay-
standards that address both how and why psycholo- ment, addresses a situation that clinical and coun-
gists keep records as well as how psychologists seling psychologists encounter with unfortunate
make their fee arrangements and respond when they regularity: clients who do not pay for services and
are not paid for their services. The relevance of this who request records. Standard 6.03 prohibits psy-
section for psychologists is highlighted by reviewing chologists from refusing to provide records for a cli-
the extensive documentation requirements in fed- ent’s emergency treatment for the sole reason that
eral and state law that govern clinical practice as the client has not paid for services. Standard 6.03
well in federal regulations and institutional policies does not prohibit a psychologist from withholding
that govern psychological research. Regardless of records for reasons unrelated to nonpayment, such
their professional interests and expertise, psycholo- as clinical reasons, for example if the psychologist
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gists will almost certainly engage in record keeping determined that reading the record could be harmful
to document their work. to the client.
Standard 6.01, Documentation of Professional Standard 6.04, Fees and Financial Arrangements,
and Scientific Work and Maintenance of Records, is is a wide-ranging standard that covers multiple
one of the few ethical standards that explicitly sets issues related to fees and financial arrangements.
forth reasons for the rule contained in the standard. The standard has an informed consent foundation
Standard 6.01 gives five reasons why psychologists by stating first, that psychologists reach an agree-
keep records: to assist in the provision of services, to ment “as early as is feasible” in the professional rela-
allow for replication of research design and research tionship regarding financial arrangements and,
analyses, to meet the requirements of the psycholo- second, that anticipated limitations to services
gist’s institution, to comply with the law, and to because of financing are likewise addressed at the
ensure accuracy of billing and payments. This stan- outset of the professional relationship. The standard
dard illustrates how the Ethics Code can be used in states that psychologists do not misrepresent their
multiple ways. The Ethics Code sets minimal stan- fees and that fee practices are consistent with law.
dards of conduct. The Ethics Code can also serve as a Finally, Standard 6.04 allows psychologists to use
guide for thoughtful psychologists in understanding collection agencies or legal means to collect an
the reasons behind the Code’s rules. Standard 6.01 unpaid fee. To behave consistently with Standard
says that keeping records has clinical, research, and 6.04 in collecting a fee, the psychologist must
risk management aspects, all of which may be help- inform the client of the psychologist’s intent to col-
ful to psychologists and to the field of psychology. lect the fee and disclose the minimum amount of
Standard 6.02, Maintenance, Dissemination, and information necessary to do so.
Disposal of Confidential Records of Professional Standard 6.05, Barter With Clients/Patients,
and Scientific Work, addresses three aspects of allows barter when barter is not clinically con-
record keeping. Psychologists maintain confidenti- traindicated or exploitative. Standard 6.06, Accu-
ality in all aspects of their record retention and racy in Reports to Payors and Funding Sources,
maintenance, take steps such as encoding to protect requires psychologists to be accurate in their
confidentiality when third parties have access to reports. Such accuracy includes not only the
records without the client’s consent, and make nature, timing, and extent of services provided but
plans to protect the confidentiality of records in the also the findings and diagnosis. Thus, Standard
case of withdrawal from practice or transfer of pro- 6.06 prohibits psychologists from rendering diag-
fessional responsibilities. This standard’s emphasis noses they know to be inaccurate to secure pay-
on confidentiality resonates with Section 4, Privacy ment for treatment. Standard 6.07, Referrals and
and Confidentiality, and highlights a central ethical Fees, prevents psychologists from accepting fees
concern of documentation: access to confidential solely for having made a referral. Standard 6.07

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does not preclude a psychologist from receiving a with Standard 3.05, Multiple Relationships, by stat-
fee based on the administrative costs of transfer- ing that students in programs that require psycho-
ring a client to another treating psychologist. therapy be allowed to select psychotherapists who
Rather, the standard’s prohibition is for receiving are unaffiliated with the program and that faculty
a fee simply for the act of making the referral. members who are likely to evaluate students do not
Section 7, Education and Training, consists of provide such psychotherapy.
seven standards that primarily are focused on pro- Standard 7.06, Assessing Student and Supervisee
tecting students and trainees from harm. This sec- Performance, requires faculty to establish a “timely
tion benefited by the active involvement of a student and specific” process for providing feedback to stu-
representative on the Ethics Code Task Force during dents. One benefit of Standard 7.06 is that students
the revision process leading up to the 2002 Ethics whose performance is not meeting program expecta-
Code. The standards in Section 7 promote informed tions are placed on notice and can respond accord-
consent and guard against exploitation and multiple ingly. Standard 7.06 also states that students are
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relationships that are likely to be harmful to assessed on their actual performance on the basis of
students. “established program requirements.” The standard
Standards 7.01, Design of Education and Train- thus requires programs to inform students about
ing Programs; 7.02, Descriptions of Educational and what is required for successful completion of the
Training Programs; and 7.03, Accuracy in Teaching, program and to tell students who are not meeting a
underscore two points fundamental to the ethics of program’s expectations.
training. The first point is that psychology training Standard 7.07, Sexual Relationships With Stu-
programs must adequately prepare students for the dents and Supervisees, resonates with Standard 3.05,
field. The second point is that academic and training Multiple Relationships, and Standard 3.08, Exploit-
programs must inform students about what the pro- ative Relationships. This standard prohibits psychol-
gram as a whole and specific program courses offer. ogists from having sexual relationships with
The ethical foundations for these two points are students over whom they “have or are likely to have
informed consent and nonexploitation. If programs evaluative authority” or students or supervisees who
accept students for training, the programs must pro- are in the psychologist’s “department, agency, or
vide students an adequate education and inform stu- training center.” This standard represents an expan-
dents of what they have to offer and will require. sion of the 1992 Ethics Code standard, which pro-
Standard 7.04, Student Disclosure of Personal hibited relationships only when the psychologist
Information, addresses what has been the source of had evaluative authority over the student or supervi-
considerable distress among psychology trainees: see. This expansion reflects the Ethics Code Task
the requirement of disclosing personal information. Force’s concern with the harms that could arise
This standard prohibits the required disclosure of a from sexual relationships between program faculty
trainee’s “history of abuse and neglect, psychological and trainees.
treatment, and relationships with parents, peers, and Section 8, Research and Publication, has the
spouses or significant others” except under two con- most standards of any section, a total of 15. Section
ditions. Such disclosures may be part of a program’s 8 sets forth the standards of conduct for psycholo-
curriculum if the program has informed applicants. gists who conduct research and publish in the areas
Second, the disclosure may be required if necessary of both human and nonhuman animal research
to evaluate or treat a trainee whose personal prob- studies. The central ethical concerns of Section 8 are
lems are interfering with work-related responsibili- informed consent, nonexploitation, and preserving
ties or pose harm to the student or others. Like the integrity of the academic enterprise.
Standard 7.04, Standard 7.05, Mandatory Individual Standard 8.01, Institutional Approval, states that
or Group Therapy, addresses a problem that has psychologists obtain institutional approval when
caused difficulties in training programs, that of required. This standard locates psychology in the
required psychotherapy. Standard 7.05 is consistent scientific community whose research is governed by

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Ethics and Ethics Codes for Psychologists

federal and state regulations. The standard does not psychologists from offering excessive inducements
preclude psychologists from obtaining review by an for participation in research.
institutional review board even when not required, Standard 8.07, Deception, addresses the ethical
and many psychologists do so both because their dilemma posed by research in which participants are
research is improved and because such review is deceived about some important aspect of the study.
likely to reduce exposure to liability. Although the use of deception is inconsistent with
Standards 8.02, Informed Consent to Research, Principle C, Integrity, some of the most important
and 8.03, Informed Consent for Recording Voices findings in social psychology have been discovered
and Images in Research, are consistent with Stan- through the use of deception. Standard 8.07 delin-
dards 3.10, Informed Consent, and 4.03, Recording. eates the use of deception in several ways. First, the
Standard 8.02 sets forth the elements of informed use of deception must be warranted by the study’s
consent to research and explicitly addresses what prospective value; second, the deception cannot
aspects of intervention research psychologists must involve physical pain or severe emotional distress;
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discuss with patients. Standard 8.03 requires and, third, psychologists must explain the use of
informed consent for recording voices or imagines, deception and provide participants the opportunity
with two exceptions: naturalistic observations when to withdraw their data. These delineations represent
it is not likely that the recording will harm the indi- negotiations between the value of integrity and the
viduals observed and studies involving deception, value of advancing the science of psychology. Stan-
when informed consent is obtained at a later stage in dard 8.08, Debriefing, says that psychologists pro-
the research. vide a “prompt” opportunity for participants to
Standard 8.04, Client/Patient, Student, and Sub- obtain information about a study after they have
ordinate Research Participants, emphasizes that stu- participated. If values justify a delay in providing the
dents must be given the same protections as information, or withholding the information, psy-
research participants because that is precisely what chologists take steps to reduce the potential harm.
students are when they participate in research stud- Ethical Standard 8.09, Humane Care and Use of
ies. Undergraduate pools are a means of obtaining Animals in Research, governs psychologists’ use of
participants on which much psychological research nonhuman animals for research purposes. The stan-
depends. Even if participating in a subject pool is dard requires psychologists to abide by relevant laws
an undergraduate course requirement, however, and professional standards in their use of such ani-
research conducted in college and university set- mals in research, and to ensure that individuals
tings must comply with human subject protections. under their supervision are appropriately trained in
Standard 8.05, Dispensing With Informed Con- the use of animals for research purposes. Standard
sent to Research, sets forth the conditions under 8.09, like Standard 8.07, Deception in Research,
which psychologists need not obtain informed con- provides a balancing test: Animals may be subjected
sent. The conditions are research in education, to pain or distress only when the study’s prospective
work, or public settings when the research does not value warrants doing so. The standard thus repre-
reasonably present a risk of distress or harm to the sents the resolution of an ethical dilemma by negoti-
participants, and archival research and anonymous ating between two values that are in tension.
questionnaires where the research would not place Standards 8.10, Reporting Research Results;
participants at risk for civil or criminal liability or 8.11, Plagiarism; 8.12, Publication Credit; 8.13,
would not harm other interests of the participant. Duplicate Publication of Data; 8.14, Sharing
An exception allowing psychologists to dispense Research Data for Verification; and 8.15, Reviewers,
with informed consent also arises when the laws, are designed to protect the integrity of the research
regulations, or institutional policies (that are con- and publication process. Each of these standards
sistent with law) permit research without the addresses conduct that threatens the academic
necessity of obtaining informed consent. Standard enterprise in some manner. Examining the reasons
8.06, Offering Inducements for Research, prohibits behind these rules illustrates potential harm not

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only to other psychologists but also to the public. informed consent may be assumed by virtue of the
Behavior inconsistent with these standards under- context, or when the testing is for the purpose of
mines the value to the public of psychologists’ evaluating decision-making capacity.
research and writings. Standards 9.04, Release of Test Data, and 9.11,
Section 9, Assessment, presents a wide-ranging Maintaining Test Security, may be read as a pair.
set of standards related to psychological testing and These standards delineate psychologists’ competing
assessment. The standards address psychologists’ responsibilities to protect test security and simulta-
obligations both to the individuals whom they are neously to respect autonomy by releasing test data
assessing as well as to the field of psychology by pursuant to a client request. Taken together, the
emphasizing the scientific bases for psychologists’ standards state that psychologists release test data
work. In this way, Section 9 highlights both the pursuant to a client’s consent, but define test data in
interpersonal nature of assessment and the scientific such a manner that psychological testing materials,
foundation for what psychologists do. such as test protocols and scoring manuals, are pro-
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A central concept provides the basis for Standard tected from disclosure. These standards have been
9.01, Bases for Assessments: Psychologists base their the subject of considerable discussion since the
opinions and recommendations on “information and 1992 Ethics Code was adopted. The discussion and
techniques sufficient to substantiate their findings.” debate around what an appropriate release standard
A corollary to this concept is that psychologists should allow and require involves multiple parties,
opine about the psychological characteristics of an such as plaintiff and defense attorneys, courts, com-
individual only after having examined the individual panies that develop psychological tests, and the
in person, or they appropriately limit their state- individuals who are being assessed.
ments. This standard has become highly relevant Ethical Standard 9.05, Test Construction,
with the media’s dramatically increased interest in emphasizes the scientific foundation for psychologi-
the psychological characteristics of individuals in cal tests. Standard 9.06, Interpreting Assessment
the public domain. Results, requires psychologists to consider factors
Standard 9.02, Use of Assessments, has several such as language and culture that may affect the
important concepts. These include that psycholo- appropriate interpretation of test results. Standards
gists use assessment techniques and methods in a 9.07, Assessment by Unqualified Persons, and 9.08,
manner appropriate in light of the relevant research, Obsolete Tests and Outdated Test Results, preclude
that psychologists use instruments whose validity test administration by individuals who have not had
and reliability are appropriate for the population the proper training and ban the use of tests that are
being assessed, and that psychologists conducting obsolete and are no longer appropriate for use. Stan-
assessment are mindful of an evaluee’s language dard 9.09, Test Scoring and Interpretation Services,
preference. The foundation of Standard 9.02 is the places on psychologists the responsibility for the
significant impact that psychological assessment appropriate application of test scoring and interpre-
may have on an individual’s life and the correspond- tation services used by the psychologists or other
ing ethical responsibility for psychologists to ensure professionals with whom the psychologists work.
that their assessments consider factors that may Standard 9.10, Explaining Assessment Results,
affect the outcome. requires psychologists to take reasonable steps to
Standard 9.03, Informed Consent in Assess- ensure that the individual assessed or a representa-
ments, resonates with the other informed consent tive of the individual, for example, a parent or
standards in the Ethics Code, such as Standard 3.10, guardian, receives an explanation of assessment
Informed Consent, and 8.02, Informed Consent to results unless some aspect of the assessment context
Research. Standard 9.03 requires psychologists to precludes such an explanation and the individual
obtain informed consent in assessment contexts, has been so informed.
with several exceptions. The exceptions include Section 10, Therapy, consists of 10 standards gov-
when the assessment is mandated by law, when erning the therapeutic relationship. These standards

66
Ethics and Ethics Codes for Psychologists

correspond to many other standards in the Ethics focus psychologists on the ethical aspects of sexual
Code. Such resonance makes perfect sense because involvements with current and former clients, for-
the Ethics Code is built on a single set of ethical mer sexual partners, and individuals related to
principles that then are applied in various contexts. those whom psychologists are treating. These stan-
Standard 10.01, Informed Consent to Therapy, is dards highlight that sexual involvements with a
part of a set of informed consent standards in the range of individuals in or near to the psychologist’s
Ethics Code that includes Standards 3.10, Informed professional life are incompatible with a psycho-
Consent; 8.02, Informed Consent to Research; and therapeutic relationship. The standards also reso-
9.03, Informed Consent in Assessments. Standard nate with Standards 3.05, Multiple Relationships,
10.01 requires psychologists to obtain informed and 3.06, Conflicts of Interest, because sexual inti-
consent to psychotherapy. When a trainee is provid- macies risk placing the interests of the psychologist
ing the psychotherapy, Standard 10.01 indicates that over those of the client.
the client is informed of the trainee’s status and Standards 10.09, Interruption of Therapy, and
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given the name of the supervisor. the final standard in the Ethics Code, 10.10, Ter-
Standards 10.02, Therapy Involving Couples or minating Therapy, resonate with Standard 3.12,
Families, and 10.03, Group Therapy, highlight the Interruption of Services. These standard focus psy-
importance of informed consent and confidentiality chologists on taking reasonable steps to ensure
when psychotherapy is offered in a group situation. that clients’ needs are met when services are inter-
These standards thus resonate with such standards rupted or end. Standard 10.10 gives three criteria
as Standard 3.07, Third-Party Requests for Services, for when it is appropriate to terminate therapy:
and 3.11, Psychological Services Delivered To or The client no longer needs the service, is not likely
Through Organizations, by virtue of their focus on to benefit for additional services, or will suffer
multiple clients or potential clients in the provision from continued service. Standard 10.10 also allows
of services. Although none of the standards in this psychologists to terminate therapy when threat-
set of four has the term informed consent in the title, ened. The Ethics Code Task Force felt that it was
the standards nonetheless serve as a helpful guide important to allow psychologists to protect them-
for psychologists in shaping their informed consent selves from possible danger.
process. The Ethics Code is a document whose four
Standard 10.04, Providing Therapy to Those parts—Introduction and Applicability, Preamble,
Served by Others, is consistent with Standard General Principles, and Ethical Standards—form
3.09, Cooperation With Other Professionals, by an organic whole. The Ethics Code is built on a
highlighting how relationships with other profes- set of five principles with ethical standards that
sionals may affect a mutual client. These standards apply the principles across the range of psycholo-
illustrate how the Ethics Code focuses psycholo- gists’ activities. The Ethics Code is written flexibly
gists on sources of possible harm to clients that do to allow for the evolution of the science of psy-
not involve exploitation or incompetence in the chology but has clear and focused standards that
direct provision of services. Given the increasing prohibit behavior psychologists have learned
degree to which psychologists work in settings likely will lead to harm. Because the standards are
that involve multiple caregivers, Standards 10.04 written on the basis of the same principles, there
and 3.09 will likely take an increasing role in psy- is strong resonance between standards in different
chologists’ ethical thinking. sections of the Code. This resonance highlights
Standards 10.05, Sexual Intimacies With Cur- the unity of the field across the many diverse
rent Therapy Clients/Patients; 10.06, Sexual Inti- areas in which psychologists practice. Although a
macies With Relatives or Significant Others of thorough examination of the entire Ethics Code
Current Therapy Clients/Patients; 10.07, Therapy would require a textbook in and of itself, this
With Former Sexual Partners; and 10.08, Sexual overview provides the substance and contours of
Intimacies With Former Therapy Clients/Patients, the ethics of psychology.

67
Behnke and Jones

COMPARING CODES OF ETHICS: objectivity, competence, or effectiveness


MULTIPLE RELATIONSHIPS in performing his or her functions as a
psychologist, or otherwise risks exploita-
Ethics codes of associations whose members provide
tion or harm to the person with whom
health and mental health services address many of
the professional relationship exists.
the same issues. Similarities in the issues addressed
make sense because close relationships often exist Three elements of these paragraphs highlight
among what mental health professionals of various similarities and differences among different ethics
disciples do. Codes of ethics also generally adopt a codes regarding multiple relationships. First, the
principlist approach, which tends to align the codes definition has several parts, each of which implies
even further because both the principles under dis- simultaneity: The relationships are concurrent (the
cussion in this chapter as well as their interpretation numbered parts begin “at the same time,” “at the
and application derive from and are placed in a same time,” and “promises,” which involves a pres-
Copyright American Psychological Association. Not for further distribution.

Western, industrial context. ent action regarding a future behavior). Second, the
The similarities among codes highlight their dif- rule gives distinct criteria for identifying problem-
ferences. Excerpts from four codes of ethics that atic multiple relationships: It is reasonably likely
address the issue of multiple relationships are dis- that the relationship will impair the psychologist’s
cussed in the paragraphs that follow. Mental health objectivity, competence, or effectiveness or that the
professionals of all disciplines regardless of whether relationship will lead to exploitation. Third, the “or”
they work in urban, rural, or frontier communities in the criteria indicates that not all multiple relation-
must confront the challenges posed by multiple rela- ships are exploitative. Some problematic multiple
tionships. Questions regarding multiple relation- relationships do not lead to exploitation but are
ships are consistently among the most frequent rather problematic for reasons independent of
topics of phone calls to the APA Ethics Office. exploitation.
APA has a five-paragraph ethical standard on The NASW Code of Ethics (NASW, 2008) places
multiple relationships, two paragraphs of which are their rule on dual relationships under the heading
provided here. These paragraphs define what a mul- “Conflicts of Interest.” APA has Standard 3.06, Con-
tiple relationship is and then provide a test for deter- flict of Interest, which follows its Standard 3.05,
mining which multiple relationships a psychologist Multiple Relationships. APA Standard 3.06 uses
should avoid. nearly identical criteria as does Standard 3.05, so the
NASW and APA codes are similar in this regard. The
Standard 3.05, Multiple Relationships
NASW Code of Ethics has three paragraphs, the last
(a) A multiple relationship occurs
of which is as follows:
when a psychologist is in a professional
role with a person and (1) at the same 1.06 Conflicts of Interest
time is in another role with the same (c) Social workers should not engage
person, (2) at the same time is in a rela- in dual or multiple relationships with
tionship with a person closely associated clients or former clients in which there
with or related to the person with whom is a risk of exploitation or potential harm
the psychologist has the professional to the client. In instances when dual
relationship, or (3) promises to enter or multiple relationships are unavoid-
into another relationship in the future able, social workers should take steps
with the person or a person closely asso- to protect clients and are responsible
ciated with or related to the person. for setting clear, appropriate, and cul-
A psychologist refrains from enter- turally sensitive boundaries. (Dual or
ing into a multiple relationship if the multiple relationships occur when social
multiple relationship could reasonably workers relate to clients in more than
be expected to impair the psychologist’s one relationship, whether professional,

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Ethics and Ethics Codes for Psychologists

social, or business. Dual or multiple rela- the benefit of the client, she does not take
tionships can occur simultaneously or control or power that rightfully belongs
consecutively.) to her client.
C. A feminist therapist negotiates and
In this paragraph, the NASW Code of Ethics
renegotiates formal and/or informal con-
(2008) emphasizes the risk of exploitation as a rea-
tacts with clients in an ongoing mutual
son to avoid multiple relationships, as does the APA
process. As part of the decision-making
Ethics Code. The NASW code then introduces the
process, she makes explicit the therapeu-
concept of “culturally sensitive boundaries.” This
tic issues involved.
concept has enormous implications for defining
problematic multiple relationships because the III. Overlapping Relationships
appropriateness of a multiple relationship may A. A feminist therapist recognizes the
depend on culture. The NASW code brings culture complexity and conflicting priorities
Copyright American Psychological Association. Not for further distribution.

directly into the analysis for social workers. Perhaps inherent in multiple or overlapping rela-
the feature that most distinguishes the NASW rule tionships. The therapist accepts respon-
from that of APA is the final clause, which states sibility for monitoring such relationships
that multiple relationships can occur “simultane- to prevent potential abuse of or harm to
ously or consecutively.” This clause removes the the client.
aspect of simultaneity found in APA’s Ethics Code
and makes explicit that a relationship occurring The feminist code does not use the word exploi-
after the professional relationship has ended—be it tation, as do the APA and NASW codes, but the con-
professional, social, or business—may constitute an cept is clearly present. All three codes place
ethically problematic multiple relationship. APA has responsibility on the mental health professional and
only one standard (Standard 10.08, Sexual Intima- not the client to abide by the rule. The feminist
cies with Former Clients/Patients) that explicitly approach is different in nuance by placing the
asserts the Ethics Code’s jurisdiction over relation- responsibility squarely on the psychotherapist yet
ships that follow termination of the professional also highlighting the mutuality inherent in the rela-
relationship. The APA Ethics Code also incorporates tionship. This difference in nuance, which can be
the concept of sequential relationships, for example, described as a parallel rather than a top-down orien-
a friendship promised during therapy, but this pro- tation, arises from a feminist theoretical orientation.
hibition is based on a promise that takes place con- The American Counseling Association’s Code of
current with the professional relationship so the Ethics (American Counseling Association, 2005)
requirement of simultaneity is retained. introduces an idea not found in any of the other
The Feminist Therapy Institute’s Feminist Ther- three codes: that some multiple relationships may
apy Code of Ethics (Feminist Therapy Institute, 1999) benefit the client.
is based on a feminist theoretical orientation. This
A.5.c. Nonprofessional Interactions or
code places the rule on multiple relationships in the
Relationships (Other Than Sexual or
context of the power differential between therapist
Romantic Interactions or Relationships)
and client. The code calls on feminist therapists to
Counselor–client nonprofessional
engage in a process of negotiating this power differ-
relationships with clients, former clients,
ential, as these excerpts from the rule demonstrate:
their romantic partners, or their fam-
II. Power Differentials ily members should be avoided, except
A. A feminist therapist acknowledges when the interaction is potentially ben-
the inherent power differentials between eficial to the client.
client and therapist and models effective (See A.5.d.)
use of personal, structural, or institutional A.5.d. Potentially Beneficial
power. In using the power differential to Interactions

69
Behnke and Jones

When a counselor–client nonprofes- education systems from nursery schools through


sional interaction with a client or former universities, hospitals, corporations, and nonprofit
client may be potentially beneficial to organizations. A common denominator to all of
the client or former client, the counselor these settings is that they operate within the con-
must document in case records, prior to text of a society. As a consequence, psychologists
the interaction (when feasible), the ratio- must be aware of both the policies that apply in
nale for such an interaction … Examples their particular workplace as well as the laws of the
of potentially beneficial interactions society in which they live as citizens and practice as
include, but are not limited to, attending professionals. Of particular note is how society’s
a formal ceremony (e.g., a wedding/com- laws relate to the ethics of the profession.
mitment ceremony or graduation); pur- This section provides an overview of the relation-
chasing a service or product provided by ship between ethics and law. This relationship is
a client or former client (excepting unre- complex both because psychology is regulated as a
Copyright American Psychological Association. Not for further distribution.

stricted bartering); hospital visits to an ill profession and also because the interaction between
family member; mutual membership in a psychology and law takes place in so many venues.
professional association, organization, or Consider the wide range of roles and issues with
community. which psychologists become involved in civil and
criminal legal matters, from jury consulting to deter-
The American Counseling Association ethics code mining whether an individual has the capacity to
reflects the wide range of roles that counselors take. write a will to assessing whether a criminal defen-
The explicit recognition of benefit is an affirmation dant had the requisite mental state at the time he
that at times it may be helpful for counselors to enter committed a crime. These are but a tiny fraction of
a multiple relationship in these roles and an acknowl- the questions that psychologists who work in and
edgment that it also may be potentially harmful for with courts assist the legal system to answer each
the counselor to decline the multiple relationship. day. Courts, in turn, represent only one of the many
The concept of benefit sets the American Counseling venues in which psychologists whose work touches
Association’s code apart from the other three codes, on the law serve. Although a review of all the ways
which are generally disapproving, or at best neutral, in which psychologists interact with the law would
regarding multiple relationships. require a multivolume text, it is important for psy-
This comparison of how four ethics codes chologists to be aware of why every psychologist
address the issue of multiple relationships illustrates should be familiar with basic elements of how the
how the codes may be similar in substance but differ law and the ethics of the profession interact. (More
markedly in their nuance. The differences arise from information on the regulation of professional psy-
various factors, such as the culture of the discipline chology can be found in Chapter 18 of this volume.)
and the theoretical orientation on which the code is Several reasons support why even psychologists
based. Although a thorough comparison of ethics who do not work in a role or setting that has a direct
codes is well beyond the scope of this chapter, the relationship to the law or legal issues should be
analysis in this section can be applied to ethics familiar with their jurisdiction’s law governing psy-
codes more broadly in reviewing the ethical frame- chologists and the practice of psychology. First,
works and rules the authors of the codes establish many jurisdictions have statutes and regulations
for their respective disciplines. that govern both the title psychologist and the prac-
tice of psychology. Calling oneself a psychologist or
engaging in the practice of psychology therefore has
THE RELATIONSHIP BETWEEN
legal significance and legal implications. Second,
ETHICS AND LAW
many jurisdictions adopt or follow APA’s Ethics
Psychology is practiced in a wide variety of settings. Code as the ethical standard of practice. Thus, famil-
These include courts and correctional facilities, iarity with the APA Ethics Code is necessary to

70
Ethics and Ethics Codes for Psychologists

abide by the standard of practice established in the Other jurisdictions, such as Maryland, do not adopt
jurisdiction. Third, the Ethics Code uses the word the APA Ethics Code but rather use the Ethics Code
law or some variant more than 20 times. Therefore, as a guide in writing the jurisdiction’s own code of
at times, a psychologist must be familiar with the ethics. Still other jurisdictions, such as New York,
jurisdiction’s law to assess his or her responsibilities have adopted a code of ethics that does not make
under the Ethics Code. For these three reasons, any explicit mention of APA’s Ethics Code. None-
every psychologist, regardless of how directly theless, a review of codes that do not mention APA
involved in legal matters, should have a basic under- shows that they have considerable overlap with
standing of how the jurisdiction regulates psychol- APA’s Ethics Code.
ogy to abide by the ethical standards of the Additionally, psychologists should be familiar
profession. A sample of laws from several jurisdic- with their jurisdiction’s laws governing psychology
tions illustrates the close relationship between ethics because the Ethics Code incorporates the law into
and law and highlights the importance of psycholo- the ethical standards. Two examples of how the Eth-
Copyright American Psychological Association. Not for further distribution.

gists being familiar with the laws in their ics Code links ethics and law are Standards 4.02,
jurisdiction. Discussing the Limits of Confidentiality, and 6.01,
The laws of North Dakota give an example of a Documentation of Professional and Scientific Work
title statute and a practice statute, that is, statutes and Maintenance of Records. Each of these stan-
that govern who may call themselves a psychologist dards illustrates how familiarity with the law may be
and who may engage in the work psychologists do. necessary for a psychologist to understand what the
The practice statute (North Dakota Code, 2010) Ethics Code requires.
states that “a person may not engage in the practice Standard 4.02 requires psychologists to discuss
of psychology unless that person is licensed as a psy- the limits of confidentiality with their clients at the
chologist or is registered as a psychology resident beginning of the relationship absent a compelling
under this chapter.” The statute also states that “a reason why the discussion should not take place at
person may not use the title ‘psychologist’ or similar that time. The limits of confidentiality are jurisdic-
title unless that person is licensed as a tion specific and require that the psychologist
psychologist.” understand what the law allows and how to apply
Some jurisdictions have both a title and a prac- the Ethics Code properly. Virtually every jurisdic-
tice act, whereas others have one or the other. In tion has a legal mandate to disclose child abuse, and
nearly all jurisdictions, however, either the practice most jurisdictions mandate disclosure of elder abuse
of psychology or the title psychologist is regulated and abuse of persons with disabilities as well. Some
by law. If an individual violates the jurisdiction’s jurisdictions require disclosure of health profession-
law, either by inappropriately referring to him- or als’ sexual involvements with clients when discov-
herself as a psychologist or by engaging in an activ- ered by another licensed health professional, and
ity that the individual is not licensed to do, the juris- other jurisdictions mandate disclosure when a psy-
diction may take legal action in response. chologist becomes aware that another licensed psy-
Over and above a jurisdiction’s recognition of the chologist has violated a law of the jurisdiction
title psychologist and of the practice of psychology, regarding the practice of psychology. Duty to pro-
another reason that psychologists should be familiar tect and warn laws vary widely, with some jurisdic-
with law is that many jurisdictions adopt or follow tions having specific duties and other jurisdictions
APA’s Ethics Code as the ethical standard of practice having no explicit duty to protect or warn a third
in the jurisdiction. A recent review by the APA Eth- party at all. Although jurisdictions have consider-
ics Office indicated that approximately 34 jurisdic- able common ground regarding the limits of confi-
tions have some mention of APA’s Ethics Code in dentiality, they also have significant variation. As a
their statutes or regulations. Massachusetts is an consequence, psychologists need to be familiar with
example of a jurisdiction that explicitly adopts the their jurisdiction’s laws to know how to apply Ethi-
APA Ethics Code as the standard of ethical practice. cal Standard 4.02 properly.

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Behnke and Jones

Standard 6.01, Documentation of Professional a direct link with the Office of Human Subject Pro-
and Scientific Work and Maintenance of Records, tections by stating that psychologists obtain institu-
sets forth a series of reasons why psychologists keep tional review board review and approval when
records, which includes the requirement to “ensure required to do so. Thus, the relationship between
compliance with law.” A variety of state and federal ethics and law is central to the work of unlicensed
laws govern how psychologists document their psychologists who conduct research with human
work. Certain jurisdictions state what psychologists participants that requires approval under federal
must keep in their records with a high degree of regulations. Even psychologists whose research
specificity. In other jurisdictions, psychologists may does not require institutional review board approval
be allowed not to keep records of a client in psycho- often seek such approval nonetheless, given that
therapy if the client makes such a request. Jurisdic- approval by a review board will lessen potential
tions likewise vary in the length of time they require exposure to legal and ethical liability.
psychologists to keep records. A psychologist must The relationship between ethics and law is also
Copyright American Psychological Association. Not for further distribution.

be familiar with the record-keeping laws in the juris- relevant to psychologists who use nonhuman ani-
diction to comply with Standard 6.01. In sum, to mals in their research. Standard 8.09, Humane Care
understand what the Ethics Code requires, psychol- and Use of Animals in Research, refers to “compli-
ogists need to know their jurisdiction’s laws. ance with current federal, state, and local laws and
Each of these three reasons—the regulation of regulations.” The Office of Laboratory Animal Wel-
psychology, the recognition of the APA Ethics fare in the Department of Health and Human Ser-
Code by a majority of jurisdictions in North Amer- vices has a website devoted to the use of animals in
ica, and the incorporation of the law into the ethi- research (http://grants2.nih.gov/grants/olaw/olaw.
cal standards—illustrates the close relationship htm). The Office of Laboratory Animal Welfare web-
between ethics and law for licensed psychologists. site, like the Office of Human Research Protections
Many psychologists who conduct research and website, provides extensive resources that include
publish are not licensed. These psychologists may relevant laws. Standards 8.01 and 8.09 highlight the
work in colleges, universities, and sometimes in close relationship between ethics and law for unli-
high schools. The relationship between ethics and censed psychologists conducting research on human
law remains important for these psychologists as and nonhuman animals.
well, as shown by Standard 8.01, Institutional Psychologists engage in activities that are rele-
Approval: “When institutional approval is required, vant to virtually every aspect of the society in which
psychologists provide accurate information about they live. Society, in turn, has an interest in ensur-
their research proposals and obtain approval prior ing that psychologists do their work in an ethical
to conducting the research. They conduct the and competent manner. To abide by what society
research in accordance with the approved research requires, it is important for psychologists to be
protocol.” informed about the relationship between the ethics
For research that involves certain types of fund- of their professional and the laws that govern their
ing, approval by an institutional review board is work.
required. Such research will be governed by an
extensive set of federal regulations that are based on
CONCLUDING THOUGHTS AND
ethical principles closely related to the principles on
FUTURE DIRECTIONS
which the 2010 Ethics Code is based.
The U.S. Department of Health and Human Ser- The purpose of this chapter is to give the reader an
vices has a website devoted to the Office of Human overview of ethics in the field of psychology. This
Subject Protections (http://www.hhs.gov/ohrp/). overview provides an examination of ethics and eth-
This website provides information about ethics ical decision making; the structure and function of
codes and federal regulations that govern research the APA ethics program; the different parts of the
with human participants. Standard 8.01 represents APA Ethics Code, including a detailed discussion of

72
Ethics and Ethics Codes for Psychologists

the Ethics Code’s five general principles and 89 ethi- in laws and ethics. Questions regarding how best to
cal standards; the manner in which different ethics protect confidentiality, what competence is neces-
codes address the issue of multiple relationships; sary to provide various services over the Internet,
and the relationship between ethics and law. and how the reach of the electronic transmissions
Although not intended to be an exhaustive discus- across jurisdiction lines relates to the jurisdictional
sion of these topics, the chapter gives the reader a oversight of psychologists’ activities are all issues
good sense of the current state of ethics in the that are yet to be settled and that the current version
profession. of the Ethics Code does not address.
Ethics is a developmental process that evolves Psychologists’ responding to complex interna-
over time. As a consequence, a chapter on ethics in tional humanitarian disasters is another issue that
the profession of psychology is by definition a snap- merits additional ethical analysis. For many years,
shot of the state of the field at a given time. This psychologists have been responding to humanitarian
chapter written 10 years from now will not be the disasters locally to provide enormous help and relief
Copyright American Psychological Association. Not for further distribution.

same. APA likely will have adopted the next version to victims. In recent years, psychologists increas-
of its Ethics Code and new challenges and issues ingly have traveled to international disaster sites.
requiring ethical analysis will have emerged. Providing assistance to victims and conducting
Writings on professional ethics are limited by their research far removed from one’s own culture and
historical context. This statement does not mean that sociopolitical context raises ethical issues regarding
psychology—or any profession—abandons its deeply confidentiality, competence, and even exploitation
held beliefs or principles. To the contrary, bedrock that have yet to be addressed and fully considered
principles, such as do no harm, justice, and respect, by organized psychology.
have endured for centuries. Being limited by a histori- Many psychologists have begun to engage in
cal context implies that one must locate the writings coaching in addition to other activities. Coaching
in time and place to appreciate their application fully. shares aspects of psychotherapy yet is different in
Four issues currently emerging in the field of psy- important respects. The differences between coach-
chology illustrate this point. These issues are the ing and psychotherapy raise questions regarding
increasing use of technology, psychologists’ respond- how the Ethics Code applies to this relatively new
ing to complex international humanitarian disasters, area of practice. How informed consent, confidenti-
coaching, and the involvement of psychologists in ality, and the section of the Ethics Code on therapy
national security–related activities. Each of these apply to coaching are questions that merit further
areas of practice will require thorough ethical analysis ethical consideration, which they undoubtedly will
as it develops. (More information on redundant psy- receive in the coming years.
chologists in security-related institutions can be The involvement of psychologists in national
found in Chapter 5 of this volume; more information security–related activities is a fourth example of an
on coaching can be found in Volume 2, Chapter 9, emerging area of practice whose ethical aspects have
this handbook; and more information on telehealth not been fully considered. APA has addressed the
can be found in Volume 2, Chapter 10, this involvement of psychologists in military interroga-
handbook.) tions in a series of policy statements and Council of
The use of telehealth by psychologists has Representative resolutions that provide a foundation
increased substantially over the past 15 years and for additional ethical analyses. As this area of prac-
likely will continue to do so. Telehealth raises a tice continues to develop, the ethical issues will fur-
myriad of legal and ethical questions. The dramatic ther crystallize for examination in the next Ethics
emergence of the technology, however, has not been Code revision process. Psychologists’ national secu-
matched by developments in law and ethics. As a rity–related work will be reviewed in the context of
consequence, the legal and ethical infrastructure for ethical standards on informed consent, confidential-
the technology has yet to be developed; the rapid ity, and assessment to determine how these stan-
rise of this technology has outpaced developments dards apply.

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Behnke and Jones

Even an activity as familiar to psychology as Amended June 1, 2010). Retrieved from http://www.
supervision likely will receive considerable attention apa.org/ethics/code/index.aspx
by the next Ethics Code revision task force. In the American Psychological Association, Ethics Committee.
past several years, supervision has received an (2002). Rules and procedures. American Psychologist,
57, 626–645. Retrieved from http://www.apa.org/
increasing amount of attention. The Canadian Psy- ethics/code/committee.aspx
chological Association has written a set of ethical Beauchamp, T. L., & Childress, J. F. (2009). Principles of
guidelines for supervision (Canadian Psychological biomedical ethics (6th ed.). Oxford, England: Oxford
Association, 2009), and texts have been written on University Press.
supervision as a unique competence, a relatively Canadian Psychological Association. (2000). Canadian
new concept for psychology. Supervision serves as code of ethics for psychologists. Retrieved from
an excellent example of how the profession’s work http://www.cpa.ca/cpasite/userfiles/Documents/
Canadian%20Code%20of%20Ethics%20for%20
in ethics is never done. Psycho.pdf
Copyright American Psychological Association. Not for further distribution.

Canadian Psychological Association. (2009). Ethical


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