Legal Aspects of Professional Psychology - Essay Example

?LEGAL ASPECTS OF PROFESSIONAL PSYCHOLOGY Introduction In almost all parts of the world, professional psychology is fast gaining popularity due to changing lifestyles and mentalities of people. Assessing psychology of adults and children requires special type of expertise. Also, psychological issues require to be treated with sensitivity and confidentiality, and most importantly, with ethical and legal measures. At times, professional psychologists are bothered by high-risk clients who often raise legal issues regarding treatment procedure, medication, pseudo-educational process, psychological and personality testing, individualized treatment, personality evaluation, counseling of trauma and grief, testing and diagnosis. Often the practitioners are also accused regarding validity of the assessments and diagnosis (Hersen, 2011, p 563). This paper deals with the legal aspects associated with professional psychology service like the informed consent, informed refusal, confidentiality terms, legal issues associated with assessment, testing and diagnosis. Added to these, State intervention in legal issues, intellectual and emotional competence, and future prospects of professional psychology are also being discussed. Informed Consent The term informed consent refers to the practice of drafting the outline of interactions between a professional psychiatrist and the clients in the form of a legal contract. Before the commencement of treatment, it is mandatory for the practitioners to provide the clients a detailed outline of treatment that is to be followed. Thus, the contract of informed consent includes detailed plans of treatment procedure, tentative timeframe, expected outcomes, future interactions, and level of accessing information. Procurement of information related to insurance, workplace compensation, etc without the consent of client might end up with practitioners involved into legal issues. Also, financial cost of treatment requires to be stated beforehand. Regarding release of information in some special cases, prior consent of the clients are necessary (Truscott et. al., 2004, pp 72- 74). The procedure makes the client contented that his security and privacy is not compromised, and at the same time it also keeps the practitioner out of legal hassles. The contract of informed consent serves as a legal document if under any circumstance the practitioner is accused of irresponsibility or violation. Informed Refusal The way the clients have rights to consent to the treatment procedures of professional psychology services, they also have the rights to deny conveying any certain information. Furthermore, the law also allows clients to refuse any interaction, inter-personal interview and even method of treatment. The terms of refusal requires to be cleared before beginning of the treatment. It is helpful for personal interests of the client as well as the professional life of the practitioner. Record keeping is also an integral part of professional psychologist treatment services. If the client wishes, he might not consent for preserving his personal details as records. This facility is supported by numerous legal provisions (Bucky, Callan, and Stricker, 2009, pp 111- 113). Assessment, Testing and Diagnosis in Professional Psychology: Legal Issues Assessment, testing and diagnosis related to professional psychological services also involve certain legal issues. Some laws are framed to protect the interest of clients or patients regarding location and distribution of information. The legal issues ensure that the tests performed do not pose any threat to privacy of clients. Thus, the federal and state courts have legal provisions for dealing with admissibility of psychological treatments and information. The laws also ensure that every test and diagnosis process gives out valid results and that scientific modes are adopted for the same. As the course of psychological treatment is based on these tests, assessments, counseling and diagnosis, it is important that the professional psychologists ensure that transparency and confidentiality is maintained throughout the treatment process. Thus maintenance of professional standard and ethics is necessary to ensure that moral and subjective interests of the patients are not compromised or breached (Hersen, 2011, pp 548- 560). Importance of Confidentiality Confidentiality is an important part of professional psychology services. It is expected that all practitioners must respect dignities of his or her patients and not divulge private details about any person to others. Often professional psychologists tend to share personal and interpersonal information about patients with their peers, colleagues, family, friends, research participants, students, laboratory associates and even with other patients. This is regarded as breaching of individuality and selfhood of concerned patients. Such instances make the respective client more doubtful about the psychological treatment process, reliability and accountability (Truscott et. al., 2004, pp 71- 75) Confidentiality is conceptually related to two other terms- ‘privacy’ and ‘privilege’. While the former deals with individuals will to share or withhold information about oneself from the psychiatrist, the latter supports withholding of information during legal proceedings. Confidentiality contracts also contain details of process of treatment, required time, medication process, names of diagnosis, testing and treatment, violation if which would result in legal complications. In many states, as in Canada, legal provisions exempt breaching of confidentiality in cases where information deals with issues like child abuse, protection of third party, client access to records, and violence. Maintenance of confidentiality, therefore, not only increases level of comfort of the patient, but also develops a healthy inter- personal relationship between a psychologist and his patients (Truscott et. al., 2004, pp 77- 78). Role of State Legislation in Professional Psychology It is extremely essential for practitioners in professional psychology to be aware of the legal issues involved with this practice. As both the patients as well as psychiatrist require entering into legal contracts, legal intervention often becomes necessary when such contracts are violated (Confidentiality). However, it has to be remembered that legal issues regarding practices and norms of professional psychology differ across nations, and even across provinces within a nation. This explains the difference between legislation of federal US and US as a state. Thus the US has a slightly varied set of laws for concomitant licensing and credentialing of practitioners. In almost all the nations, the state legislature is responsible for solving legal issues arising from the psychology services and regulating licensing boards professional psychologists. Also, different psychological associations within a state look after the legal issues associated with this practice (Weiner, 2012, p, 42). Considering intellectual and emotional competence is necessary while treating patients. While treating any patient, it is necessary that the psychologist himself is well acquainted about his client. It all depends on individual intellect of professional psychologist how they would treat their patients. Often, in case of individual clients, professional psychologists get attached to their cases. This is not expected under any circumstance. A professional psychologist always requires to remian aloof from such influences, lest his judgment would be biased (Koocher and Keith-Spiege, 1998, pp 54- 55). Future prospects It is estimated that the professional psychologists will be allowed to practice more in fields of diagnosis, testing and general practices. Moreover, inter-personal relation shared by the clients and the psychologists would be more private with lesser legal hassles. Nowadays, the laws are extending their support to professional psychology by taking into consideration every details of counseling session (Locke, Myers and Herr, 2001, p 87). Conclusion In present times, more and more psychologies are extending their help to heal people suffering from depression, stress, anxiety, restlessness, and other numerous psychological problems. This trend has been increasing all around the world. Unlike medical profession, professional psychology service deals with mental health of people, and so deals with private information of people about their personal, conjugal lives as well as works and other aspects. Thus, there remains a high chance of malpractice or violation of rights and confidentiality. This has prompted legislation of different nations to frame laws to safeguard the interests of both the clients as well as the practitioners. The laws are also meant to ensure that no foul incidents like, sexual exploitation or financial problems occur while treatment procedures. References Bucky, S. F., Callan, J. E. and Stricker, G. (2009), Ethical and Legal Issues for Mental Health Professionals: in Forensic Settings. UK: Routledge. Department of Psychology (n.d.) Confidentiality, retrieved on May 14, 2013, from: http://psychology.unt.edu/clinics-and-centers/psychology-clinic/confidentiality Hersen, M., (2011), Clinician's Handbook of Adult Behavioral Assessment, Texas: Gulf Professional Publishing. Locke, D. C., Myers, J. and Herr, E. L. (2001), The Handbook of Counseling, US: SAGE. Truscott et. al., (2004), Psychology in Canada, Canada: University of Alberta. Weiner, I. B., (2012), Handbook of Psychology, History of Psychology, US: John Wiley & Sons. Read More