Tuesday, October 21, 2014

Issues in Psychological Testing Worksheet



PSY 475 Psychological Tests and Measurements
March 31, 2014


1.     What are at least two ethical issues associated with psychological testing?  What impact do these issues have on the field of psychological testing?



Obtaining informed consent is perhaps one of the most important ethical principles related to testing. Informed consent is a voluntary authorization by a patient, client, or subject for assessment. In the case of a child or incapacitated person, a parent or legal guardian is to provide such consent to assessment (Hogan, 2007). One concern related to obtaining informed consent is a participant’s knowledge about what the assessment involves; if a party is legally mandated to have assessments, according to Hogan (2007), it is the responsibility of the psychologist to disclose the nature and purpose of the assessment. Whereas, someone who is applying for a job or completing a college application provides what is considered implied consent.
Maintaining confidentiality would also be considered one of the top ethical principles and can also have legal ramifications for a breach of confidentiality according to the Health Insurance Portability and Accountability Act of 1996 (HIPPA), as mentioned in question two. Regardless, confidentiality is written into the American Psychological Association’s (APA, 2014) Ethical Principles of Psychologists and Code of Conduct; Standard 4.01: Privacy and Confidentiality, and reads:
“Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship” (para. 1).
What that means for the field of psychological testing is that special care must be taken when working in training settings and with non-client volunteers to eliminate the possibility of invasions of privacy and the revelation of sensitive information without the consent of the patient (Rupert, Kozlowski, Hoffman, Daniels, & Piette, 1999).   

2.     What are at least two legal issues associated with psychological testing?  How do these issues affect the field of psychological testing?



Equal Protection under section 1 of the Fourteenth Amendment of the United States Constitution was passed by congress on June 13, 1866 and ratified on July 9, 1868 and reads:
“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws” (Cornell University Law School, n.d. para. 1).
Psychological testing can help to establish whether or not a defendant has the legal right to stand trial. As explained by Boch (1994), the courts need to determine if a defendant has the minimum competency required; such as a factual understanding of proceedings, the present ability to consult with his or her attorney, and the ability to conduct him or herself in a trial; thus a psychological examination is given to determine such standards in an attempt to provide a mentally incapacitated persons equal protections of defense.
Privacy, as filed under the HIPPA laws “...are quite consistent with the ethical principles regarding confidentiality...” (Hogan, 2007, p. 605). However, unauthorized disclosures can also carry legal consequences such as “disciplinary action and professional sanctions by the [APA]…,” removal of licensure, and even a legal or civil action suit brought on by the client or his or her family (Shah, 1970, p. 160). As for the privacy of psychological test material, Shah (1970) indicates, that while the client may be the owner of and have the legal right to obtain the actual test, “the psychologist has the obligation to maintain his records in such a manner that there is no reasonable chance of their getting lost, stolen, or falling into the hands of unauthorized persons” in essence protecting the privacy of his or her clients (p. 160). However, privilege and privacy should not be confused when it comes to the information obtained from research subjects “[t]hese statutes generally indicate that the privilege to withhold information may be asserted by the person giving the information as well as the government” (Shah, 1970, p. 163). However, only the person providing the information can provide consent to release the information to outside parties (e.g., other medical doctors or insurance providers).
Privacy and equal protection are but two legal guidelines in which the field of psychological testing draws on to maintain higher standards of ethical behavior when handling sensitive, personal, and often life altering information. Without these guidelines it would be difficult to maintain equality or fairness in seeking justice through the legal system.  

3.     Which court case do you feel has had the largest impact on the field of psychological testing?  Why?

Ford v. Wainwright
Regardless of ones stance on the death penalty, prior to the 1986 Ford v. Wainwright case, mental competency was determined by a panel of three psychiatrists via a “one half hour interview…[performed] in the prison courtroom…,” which, quite frankly leads to questionable validity factors (apa.org. 1986, p. 23). As previously mentioned in question two regarding legal issues associated with psychological testing, equal protection offers people standing trial due process for purposes of determining competency; this case also brings forth the need for condemned prisoners of questionable mental competency to require accurate and reliable fact-finding to determine his or her minimum level of competency.
As part of such fact-finding, the APA and other amici parties urged the Court’s recognition, as a part of due process, to allow psychological professionals to conduct appropriate examinations and evaluative assessments in determining the condemned persons present competency; said standards “require appropriate physical examinations and certain standard psychological test batteries before rendering an opinion on an individual’s mental competency” (apa.org, 1986, p. 26). Thus setting a precedence for all cases to follow that someone who is to be executed should fully comprehend that which is about to take place because someone who is determined to be insane or incompetent cannot fully appreciate or suffer the extent of the sentence to which he or she have been given. As indicated in the case records, to execute someone in such a state “fails to meet the heightened standards of procedural fairness…” not to mention being inhumane (apa.org, 1986, p. 30).


 

References
APA. (2014). Ethical principles of psychologists and code of conduct: Including 2010 amendments. Retrieved from http://www.apa.org/ethics/code/index.aspx?item=7
apa.org. (1986). Ford v. Wainwright. Retrieved from http://www.apa.org/about/offices/ogc/amicus/ford.pdf
Boch, B. R. (1994). Fourteenth amendment--the standard of mental competency to waive constitutional rights versus the competency standard to stand trial. Journal of Criminal Law & Criminology, 84(4), 883. Retrieved from http://search.proquest.com/docview/218395211?accountid=458 
Cornell University Law School. (n.d.). 14th Amendment. Retrieved from http://www.law.cornell.edu/constitution/amendmentxiv
Hogan, T. P. (2007). Psychological testing: A practical introduction (2nd ed.). Hoboken, NJ: Wiley
Rupert, P. A., Kozlowski, N. F., Hoffman, L. A., Daniels, D. D., & Piette, J. M. (1999). Practical and ethical issues in teaching psychological testing. Professional Psychology: Research and Practice, 30(2), 209-214. doi:http://dx.doi.org/10.1037/0735-7028.30.2.209
Shah, S. A. (1970). Privileged communications, confidentiality, and privacy: Privacy. Professional Psychology, 1(3), 243-252. doi:http://dx.doi.org/10.1037/h0029631

 

No comments:

Post a Comment