Haw. Code R. § 16-98-34 - Unethical practice of psychology

(a) "Unethical practice of psychology" means wilful disregard for any or all of the matters covered in this section.

(b) The psychologist shall not misrepresent the professional qualifications, affiliations, and purposes, and those of the institutions and organizations with which the psychologist is associated:

(1) A psychologist shall not claim either qualifications that differ from actual qualifications, nor shall the psychologist misrepresent affiliation with any institution, organization, or individual, nor lead others to assume any affiliations that the psychologist does not have. The psychologist shall be responsible for correcting others who misrepresent the psychologist's professional qualifications or affiliations;

(2) The psychologist shall not misrepresent an institution or organization with which the psychologist is affiliated by ascribing to it characteristics that it does not have;

(3) A psychologist shall not use affiliation with the American Psychological Association or its divisions for purposes that are not consonant with the stated purposes of the Association; and

(4) A psychologist shall not associate with or permit the psychologist's name to be used in connection with any services or products in such a way as to misrepresent them, the degree of the psychologist's responsibility for them, or the nature of the psychologist's affiliation.

(c) Modesty, scientific caution, and due regard for the limits of present knowledge shall characterize all statements of psychologists who supply information to the public, either directly or indirectly:

(1) Psychologists who interpret the science of psychology or the services of psychologists to clients or to the general public have an obligation to report fairly and accurately. Exaggeration, sensationalism, superficiality, and other kinds of misrepresentation shall be avoided;

(2) When information about psychological procedures and techniques is given, care shall be taken to indicate that they should be used only by persons adequately trained in their use;

(3) Claims that a psychologist has unique skills or unique devices not available to others in the profession may be made only if the special efficacy of these unique skills or devices has been demonstrated by scientifically acceptable evidence; and

(4) A psychologist who engages in radio or television activities shall not participate in commercial announcements recommending purchase or use of a product.

(d) Safeguarding information about an individual that has been obtained by the psychologist in the course of teaching, practice, or investigation is a primary obligation of the psychologist. Such information shall not be communicated to others unless certain important conditions are met:

(1) Information received in confidence may be revealed only after careful deliberation and where there is clear and imminent danger to an individual or to society, and then only to appropriate professional workers or public authorities;

(2) Information obtained in clinical or consulting relationships, or evaluative data concerning children, students, employees, and others may be discussed only for professional purposes and only with persons clearly concerned with the case. Written and oral reports should present only data germane to the purposes of the evaluation; every effort shall be made to avoid undue invasion of privacy;

(3) Clinical and other materials may be used in classroom teaching and writing only when the identity of the persons involved is adequately disguised;

(4) The confidentiality of professional communications about individuals shall be maintained. Only when the originator and other persons involved give their express permission is a confidential professional communication shown to the individual concerned. The psychologist shall inform the client of the limits of the confidentiality;

(5) Only after explicit permission has been granted may the identity of research subjects be published. When data have been published without permission for identification, the psychologist shall assume responsibility for adequately disguising their sources; and

(6) The psychologist shall make provisions for the maintenance of confidentiality in the preservation and ultimate disposition of confidential records.

(e) The psychologist shall respect the integrity and protect the welfare of the person or group with whom the psychologist is working:

(1) The psychologist in industry, education, and other situations in which conflicts of interest may arise among various parties, as between management and labor, or between the client and employer of the psychologist, shall define the nature and direction of the psychologist's loyalties and responsibilities and keep all parties concerned informed of these commitments;

(2) When there is a conflict among professional workers, the psychologist shall be concerned primarily with the welfare of any client involved and only secondarily with the interest of the psychologist's own professional group;

(3) The psychologist shall attempt to terminate a clinical or consulting relationship when it is reasonably clear to the psychologist that the client is not benefiting from it;

(4) The psychologist may ask that an individual reveal personal information in the course of interviewing, testing, or evaluation, or allow the information to be divulged to the psychologist only after making certain that the responsible person is fully aware of the purposes of the interview, testing, or evaluation and of the ways in which the information may be used;

(5) In eases involving referral, the responsibility of the psychologist for the welfare of the client continues until this responsibility is assumed by the professional person to whom the client is referred or until the relationship with the psychologist making the referral has been terminated by mutual agreement. In situations where referral, consultation, or other changes in the conditions of the treatment are indicated and the client refuses referral, the psychologist shall carefully weigh the possible harm to the client, the psychologist, and the psychologist's profession that might ensue from continuing the relationship;

(6) The psychologist who requires the taking of psychological tests for didactic, classification, or research purposes shall protect the examinees by insuring that the tests and test results are used in a professional manner;

(7) When potentially disturbing subject matter; is presented to students, it is discussed objectively, and efforts are made to handle constructively any difficulties that arise;

(8) Care shall be taken to insure an appropriate setting for clinical work to protect both client and psychologist from actual or imputed harm and the profession from censure; and

(9) In the use of accepted drugs for therapeutic purposes special care shall be exercised by the psychologist to assure the psychologist that the collaborating physician provides suitable safeguards for the client.

(f) The psychologist shall inform the prospective client of the important aspects of the potential relationship that may affect the client's decision to enter the relationship:

(1) Aspects of the relationship likely to affect the client's decision include the recording of an interview, the use of interview material for training purposes, and observation of an interview by other persons;

(2) When the client is not competent to evaluate the situation (as in the case of a child), the person responsible for the client shall be informed of the circumstances which may influence the relationship;

(3) The psychologist shall not enter into a professional relationship with members of the psychologist's own family, intimate friends, close associates, or others whose welfare might be jeopardized by such a dual relationship; and

(4) The psychologist shall not engage in any type of sexual activity with a client.

(g) Psychological services for the purpose of diagnosis, treatment, or personalized advice may be provided only in the context of a professional relationship, and shall not be given by means of public lectures or demonstrations, newspaper or magazine articles, radio or television programs, mail or similar media.

The preparation of personnel reports and recommendations based on test data secured solely by mail is prohibited unless such appraisals are an integral part of a continuing client relationship with a company, as a result of which the consulting psychologist has intimate knowledge of the client's personnel situation and can be assured thereby that the psychologist's written appraisals shall be adequate to the purpose and shall be properly interpreted by the client. These reports shall not be embellished with the detail analyses of the subject's personality traits as would be appropriate only after intensive interviews with the subject. The reports shall not make specific recommendations as to employment or placement of the subject which go beyond the psychologist's knowledge of the job requirements of the company. The reports shall not purport to eliminate the company's need to carry on the other regular employment or personnel practices as appraisal of the work history, checking of references, or past performance in the company.

(h) A psychologist shall act with integrity in regard to colleagues in psychology and in other professions:

(1) A psychologist shall not offer professional services to a person receiving psychological assistance from another professional worker except by agreement with the other worker or after the termination of the client's relationship with the other professional worker; and

(2) The welfare of clients and colleagues requires that psychologists in joint practice or corporate activities make an orderly and explicit arrangement regarding the conditions of their association and its possible termination. Psychologists who serve as employers of other psychologists have an obligation to make similar appropriate arrangements.

(i) Financial arrangements in professional practice shall be in accord with professional standards that safeguard the best interest of the client and the profession:

(1) In establishing rates for professional services, the psychologist shall consider carefully both the ability of the client to meet the financial burden and the charges made by other professional persons engaged in comparable work. The psychologist is willing to contribute a portion of the psychologist's services to work for which the psychologist receives little or no financial return;

No commission or rebate or any other form of remuneration shall be given or received for referral of clients for professional services;

(2) The psychologist in clinical or counseling practice shall not use relationships with clients to promote commercial enterprises of any kind for personal gain or the profit of an agency;

(3) A psychologist shall not accept a private fee or any other form of remuneration for professional work with a person who is entitled to the psychologist's services through an institution or agency. The policies of a particular agency may make explicit provision for private work with its clients by members of its staff, and in such instances the client shall be fully apprised of all policies affecting the client;

(4) A psychologist shall not bill for services or treatment not directly performed for a client; provided that a psychologist may bill for services or treatment not directly performed if there is an agreement between the agency or client that permits this type of billing; and

(5) A psychologist shall not bill a client for treatment or services not performed; provided that this shall not apply to prior arrangements between the psychologist and client to bill for a cancelled appointment or failure to appear.

(j) Psychological tests and other assessment devices, the value of which depends in part on the naivete of the subject, shall not be reproduced or described in popular publications in ways that may invalidate the techniques. Access to such devices shall be limited to persons with professional interests who shall safeguard their use:

(1) Sample items made up to resemble those of tests being discussed may be reproduced in popular articles and elsewhere, but storable tests and actual test items shall not be reproduced in professional publications; and

(2) The psychologist shall be responsible for the control of psychological tests and other devices and procedures used for instruction when their value may be damaged by revealing to the general public their specific contents or underlying principles.

(k) Test scores, like test materials, may be released only to persons who are qualified to interpret and use them properly:

(1) Materials for reporting test scores to parents, or which are designed for self-appraisal purposes in schools, social agencies, or industry shall be closely supervised by qualified psychologists or counselors with provisions for referring and counseling individuals when needed;

(2) Test results or other assessment data used for evaluation or classification shall be communicated to employers, relatives, or other appropriate persons in such a manner as to guard against misinterpretation or misuse. In the usual case, an interpretation of the test result rather than the score is communicated; and

(3) When test results shall be communicated directly to parents and students, they shall be accompanied by adequate interpretive aids or advice.

(l) Psychological tests may be offered for commercial publication only to publishers who present their tests in a professional way and distribute them only to qualified users:

(1) A test manual, technical handbook, or other suitable report on the test may be provided which describes the methods of constructing and standardizing the test, and summarizes the validation research;

(2) The populations for which the test has been developed and the purposes for which it is recommended shall be stated in the manual. Limitations upon the test's dependability, and aspects of its validity on which research is lacking or incomplete, shall be clearly stated. In particular, the manual shall contain a warning regarding interpretations likely to be made which have not yet been substantiated by research;

(3) The catalog and manual shall indicate the training or professional qualifications required for sound interpretation of the test;

(4) The test manual and supporting documents shall take into account the principles enunciated in the "Standards for Educational and Psychological Tests and Manuals", as amended; and

(5) Test advertisements shall be factual and descriptive rather than emotional and persuasive.

(m) The psychologist shall assume obligations for the welfare of the psychologist's research subjects, both animal and human:

(1) Only when a problem is of scientific significance and it is not practicable to investigate it in any other way is the psychologist justified in exposing research subjects, whether children or adults, to physical or emotional stress as part of an investigation;

(2) When a reasonable possibility of injurious after effects exists, research may be conducted only when the subjects or their responsible agents are fully informed of this possibility and agree to participate nevertheless;

(3) The psychologist shall seriously consider the possibility of harmful after effects and avoid them, or remove them as soon as permitted by the design of the experiment;

(4) A psychologist using animals in research shall adhere to the provisions of the rules regarding animals, drawn up by the Committee on Precautions and Standards in Animal Experimentation and adopted by the American Psychological Association; and

(5) Investigations of human subjects using experimental drugs (for example: hallucinogenic, psychotomimetic, psychedelic, or similar substances) shall be conducted only in such settings as clinics, hospitals, or research facilities maintaining appropriate safeguards for the subjects.

Notes

Haw. Code R. § 16-98-34

[Eff 10/5/70; am 5/26/78; am 5/20/79; am and ren § 16-98-34, 6/25/81; am and comp 12/20/85; am and comp 11/25/88] (Auth: HRS § 465-6) (Imp: HRS §§ 465-6, 465-13)