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Legal Aspects of Professional Psychology

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Legal Aspects of Professional Psychology
Legal Aspects of Professional Psychology
Terri Smith
PSYCH/545 Survey of Professional Psychology
Dr. Erica Wansel
August 26, 2012

Introduction
Professional psychology has simplicities that set it apart from other recognized branches of psychology. The twist and turns of professional psychology make it where legal has to be taken into consideration. In any type of medical field legal always play a major role. The patients and clinicians have an obligation to one another to abide by the guidelines set forth according to the American Psychological Association (known as APA) that protects both parties’ rights. In this paper, the importance of maintaining confidentiality in a therapeutic relationship will be discussed. The influence of legislation on professional psychology will be evaluated. The role of competence in professional psychology will be explained. The legal issues related to informed consent and refusal will be analyzed. Finally, the legal issues associated with assessment, testing, and diagnosis in professional psychology will be evaluated.
Importance of Confidentiality in a Therapeutic Relationship
Mental health professionals are encountered with a widespread range of ethical and legal issues involving confidentiality in therapeutic relationships. Their practice often comes in contact with other disciplines, which can lead to struggles in upholding confidentiality. For example, in the criminal justice field, people wonder if mental health professional can preserve the confidentiality of inmate/patient information. There are other issues that suggest whether mental health professionals should break confidentiality when patients are considering harming themselves or others. Confidentiality is important because mental health professional must know to whom the information should be disclosed to and how much information should they know.
There are a number of ethical provisions dealing with confidentiality in therapeutic relationships. The



References: Alverno College Faculty. (1994). Student assessment-as-learning at Alverno College. Milwaukee, WI: Alverno College Institute. Camara, W. J., Nathan, J. S, & Puente, A. E. (2000). Psychological test usage: Implications in professional practice Fisher, C.B. (2003a).  Decoding the ethics code: A practical guide for psychologists. Thousand Oaks, CA: Sage Haney, C. (1993). Psychology and Legal Change: The Impact of a Decade. Law and Human Behavior, 17, 371-398. Heilbrun, K. (1995, Fall). Psychology & Law: Taking New Directions, Finding New Partners (2005). Report of recommendations: The Annapolis Coalition on Behavioral Health Work Force Competencies Ogloff, J. R. P., Tomkins, A. J., and Bersoff, D. N. (1996). Education and Training in Psychology and Law/Criminal Justice: Historical Foundations, Present Structures, McMahon M, ‘The Ritual of Confidentiality’in Freckelton I and Peterson K (eds), Controversies in Health Law (Federation Press, 1999) p 142; Michalowski S, Medical Confidentiality and Crime(Ashgate, 2003) p 9.

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