N.M. Admin. Code § 16.22.2.19 - RESOLVING ETHICAL ISSUES
A.
Improper complaints. The psychologist shall not file or encourage
the filing of ethics complaints to the board that are frivolous.
B.
Familiarity with this code.
The psychologist has an obligation to be familiar with the code, other
applicable ethics codes, and their application to psychologists' work. Lack of
awareness or misunderstanding of the code is not a defense to a charge of
unethical conduct.
C.
Confronting ethical issues. When a psychologist is uncertain
whether a particular situation or course of action would violate this code, the
psychologist shall consult with other psychologists knowledgeable about ethical
issues, with state or national psychology ethics committees, or with other
appropriate authorities in order to choose a proper course of action. Such
consultation is not a defense to a charge of unethical conduct.
D.
Mandatory reporting. If a
psychologist has reason to believe that another psychologist is engaged in a
prohibited dual relationship with a client or patient, exhibits habitual or
excessive use of drugs and alcohol that adversely affect professional practice
or commits fraud or gross incompetence, the psychologist must report the
suspected violation to the board. The psychologist shall not violate patient
confidentiality in order to make a report to the board regarding another
psychologist's behavior. The psychologist may disclose such information without
the patient's consent in urgent situations as described in Subsection C of
16.22.2.12 NMAC.
E.
Cooperating with complaint and
ethics committees. The psychologist shall cooperate in investigations,
proceedings, and requirements of this code, the ethical principles of
psychologists and code of conduct of the American psychologist association, or
any affiliated state psychological association to which he belongs. In doing
so, the psychologist shall make reasonable efforts to resolve any issues of
confidentiality. Failure to cooperate is a separate violation of the
code.
Notes
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