Ethical Practice and Legislation

Ethical and Legal Liability

Tabitha Harkness

University of the Rockies

Abstract

A challenge that all psychologists face is how to provide accurate, competent, reliable and responsible care to those that entrust their care into their counselor’s care.  The American Psychological Association’s Code of Ethics provide a stringent guideline for new and existing counselors to help influence their decisions.  Their behavior can cause irreparable harm to clients with no intention to.  There are some violations of ethics code that constitute a violation of legal codes as well and it is then that the counselor finds him or herself in need of a legal consult.  But following ethical directives can help to not only improve client/counselor relationship, but also provide more credence to the psychological field itself.

Ethical Practice and Legislation

         As with any profession that deals primarily with the welfare and caring of others, nay, with all professions there is some ethical consideration to be found and followed.  There must be some guidance, some rule, some line in the sand that warns, you must not cross this boundary.  Psychologists are in an ever changing field.  And because of this, they are forever learners, keeping abreast of new knowledge and insights.  They are committed to stay in front of the change, by learning new methods of helping people.  They must not only work to understand themselves, but also those they strive to assist in improving the condition of.  However, whilst being devoted to scientific and professional events and knowledge, they must still remain in tune with ethical considerations and remember that there are limits to what they can do and should do to help their clients.  As all people are imperfect and have limits to their knowledge, the American Psychological Association’s code of ethics has been put in place to answer any quandaries and set aside any doubts of a psychologist, stemming from unique situations arising from handling their clients concerns.

        The American Psychological Association’s (APA) general principles consist of not just educating a psychologist, but rather they seek to inspire them to the “very highest ideals of the profession” (APA, 2002, p.3).  In order to have a psychologist that is competent, reliable, reasonable and morally principled in conduct, the APA detailed several tenets to influence their actions.  Their general principles point to different elements that are key to developing a well-rounded psychologist, namely: beneficence and non-maleficence, fidelity, responsibility, integrity, justice and respect for people’s rights and dignity (APA, 2002).  Ultimately, all these have one singular aspect that threads through them—trust.  A psychologist must engender trust in their client and the way to doing so is through all of these above mentioned areas.

        Furthermore, the ethics code works as a device, of sorts, designed to help psychologists understand how they can be held liable for their actions and what happens should they not exercise utmost care if they do not develop their own sense of professional accountability towards their clients.  This accountability can be described in an even easier word; a more straight-forward sentence.  What the ethics code aspires to generate in psychologists is a greater sense of integrity.  “It is the development of [this] virtue ethic that compels the professionals to always question if they are doing what is best for clients” (APA, 2003, p. 4).  In alignment with this idea, what is overall best for the client is for the psychologist to act with honesty and reliability.  For example, section 2 of the APA’s ethics code details competence and the boundaries of competence for psychologists.  Meaning the psychologist remains honest about what they can teach and provide services for and what they cannot do to the best of their ability.  If required to provide services which are not within their boundaries of support or they find there arises a personal conflict which keeps them from acting in a professionally competent manner, their integrity and their knowledge of their culpability towards their client’s well-being

        Additionally, the APA’s Code of Ethics works as a sparking agent to stimulate the psychologist which therefore, causes an improvement of their practice.  According to the Ethics Code, its premise is to establish a higher standard of conduct and to have the psychologist meet that standard (APA, 2002).  Dr. Stephen Behnke (2009) cites the vision statement, saying that the goal of the code is to “aspire to excel as a valuable, effective and influential organization advancing the science of psychology.”  Yes, as psychologists must be forever learners, so must the field of psychology, in general.  Through the psychologists in each branch of the psychological field, they push it ever outwards-expanding, advancing within the boundaries of their ethics code.