Legal Field of Professional Psychology - Essay Example

Running Header: Legal Aspects of Professional Psychology Student’s Name: Instructor’s Name: Course Code & Name: Date of Submission: Legal Aspects of Professional Psychology Psychology is the scientific study that deals with human mind and mental states. Further, the study is deals with the study of human behavior (Weinert 57). The professional of psychology studies the behaviors and the experiences of the human beings. These professionals have to either be licensed to provide the therapeutic services or have to work under an academic setting. Legal and medical professionals are influenced in their decisions making by psychologists. Therefore, it is a profession that is associated with maintaining confidentiality of information and requires a very high level of competence. This essay looks at some of the legal issues that are associated with the professional psychology. It further looks at the role of competence in the profession of psychology. Informed consent is a piece of information which is valid that is given by a person to a professional psychologist (Stedman, Hatch and Schoenfeld 404). For this information to be valid, it meets certain minimum standard which makes it valid or acceptable. In order for someone to give informed consent, then that person must be having the adequate reasoning faculties and also be able to give out the necessary facts while giving out the consent. Having impairments to judgment and reasoning may make it hard for an individual to give out informed consent. Factors that hinder this may include being in coma, persons having Alzheimer’s disease, sleep deprivation, intoxication, mental illness or someone with retardation. Informed refusal on the other hand is the concept whereby someone decides to refuse intervening on wanting to understand facts of not following the already recommended therapeutic and diagnostic action (Stedman, Hatch and Schoenfeld 405). Legally, the patients have the right of consent but may also choose to refuse with full understanding of the choices that they have. Professional psychologist are may try to understand why a patient would choose to take informed refusal; however, they are supposed to treat all the patients with appropriate fairness. In carrying out the assessment, testing and diagnosis in professional psychology, there are some legal issues that are associated with it. According to Kaslow, Pate and Thor, Professional psychology as profession emphasis on the need to maintain high integrity of the working standards by ensuring that throughout the process the patient gets the best results (312). In this case therefore, legal and ethical guidelines that apply in the real world go hand in hand with this professional. Making of distinction between the law and the practices is one thing held with ultimate importance to ensure that necessary results are got. Determining of whether the information given is competence and drawing legal conclusions that are valid are legal law only that there is partial clinical input. According to the law, every person who is adult is considered to be competent and can be able to make the decision that concerns him or herself, unless there is something that proofs otherwise (Fox and Prilleltensky). In this case therefore only the judge can declare an individual to be incompetent otherwise such an individual would remain to be assumed to be legally competent. In assessment, testing and diagnosis of the issues relating to psychology, facts and professional proof is what is regarded. Each of these stages may be done uniquely; however the quality of information or data got from it should be presented in way that it shows that there is proper research and vivid evidence. Confidentiality is very important aspect of professional psychology. Lewis, Hatcher and Pate observes that When it comes to therapeutic relationship patients want to know that their information is not leaked to irrelevant parties who have nothing to do with their situation (293). Such leakage may make the patient feel exposed which would make them have additional psychological stressed which may in turn not go well with their health. The code of ethics followed by the psychologist requires them to treat their clients in an environment that protects their confidentiality and privacy. The kind of information they are allowed to leak is only for the purpose of supervision or consultation and this is done without the knowledge of the client. Irresponsible disclosure of information is not only considered as abuse of the profession but also an illegal act. In this case, any disclosure of information that might lead to endangering the rights of the client would attract legal action to the psychologist involved. The kinds of problems that are handled by the psychologist are at a time sensitive in the sense that if this information is not properly handled, then it may turn against the client therefore adversely affecting the treatment of the client. High level of integrity and confidentiality is therefore taken to ensure that such information is only disclosed to the appropriate parties. Legislation on professional psychology has brought in both positive and negative impacts in the profession. Of major importance is that the clients are able to launch complains against the psychologists whenever their rights are violated. Legislation brings in codes of ethics that guides the psychologists while executing their duties so that they do not bring out bad relations or conflicts with the people they are working with (Fox and Prilleltensky). For example, psychologists are required to respect the rights of the persons that seek help from them and also make reasonable effort of ensuring that their services are appropriately used. Clients have also been included in the legislation so that they are also required to follow recommended guidelines with respect to this profession. The client is required to give true information that is aimed to help solve the problem that the client has without affecting the rights of other individuals. At the time, legislation is likely to bring more problems to the people involved (Kaslow 774). In most cases, things that the client would have wished to remain private ends up being exposed to all the sources when the case reaches the court of law. In the case of Tarasoff verse regents of the University of California, the killing of Tatiana presents a complex case to be handled by the psychologist of the University of California. Through the entire process of the court, issues that would have been confined to the psychologist for the benefiting the client ends up leaking to the public which ultimately affects the complainants. Competence is regarded as the ability to do something to the perfection. In professional psychology, competent is what majorly determines the extent to which the customer would get satisfied (Kaslow 775). Psychology deals with issues relating to health discipline and also giving of information that will help to determine the course of action to be taken. Professionals in this field influence the decisions that are made by the legal authorities and their report is very influential on the cause of action that is to be taken. It is therefore very important that such the information given by these professionals to be highly reliable at all time. Failure to do this would lead to wrong decision being made by the institutions that requests for this information. Competence comes in the overall ways through which the psychologist handles the client or the patient Stedman (Hatch and Schoenfeld 402). First, by ensuring he or she handles the information at required level of confidentiality, ensuring that the client is not negatively affected by the information he or she gives to the psychologist and eventually giving the report to the right body in the right format. Presenting the information in the right format enables such bodies to make right and impartial decisions. It is therefore very important that psychologist gives very competent information. In conclusion, professional psychology is involves the study of human behaviors and how they relates to the human behaviors. Informed consent is the piece of valid information given to the professional psychologist. Informed refusal is the situation whereby an individual even though he or she knows certain kind of information refuses to give it to the relevant authority like that of professional psychologist. There are legal issues that relates to testing and diagnosis in professional psychology all with the aim of ensuring the quality of information is of the very high standard. Legislation of this professional protects the clients from being mishandled by the psychologist. This ensures that the psychologists are competent. The reports of the psychologists are very sensitive since they influence the decisions made by other institutions like that of law. Competence is therefore considered to be very important in this case to ensure proper decisions are made by such institutions. Works Cited. Fox, D and Prilleltensky, I. Psychology and Law. 7 May 1997, 11 Jan. 2011). < http://www.dennisfox.net/papers/diverted.html> Kaslow, N. Competencies in professional psychology. American Psychologist, 5 (2004): 774–781. Kaslow, N. J., Pate, W. E., and Thorn, B. (2005). Academic and internship directors’ perspectives on practicum experiences: Implications for training. Professional Psychology: Research and Practice, 3.5 (2005): 307–317. Lewis, B. L., Hatcher, R. L., & Pate, W. E. The practicum experience: A survey of practicum site coordinators. Professional Psychology: Research and Practice, 36.2 (2005) 291–298. Stedman, J. M., Hatch, J. P. and Schoenfeld, L. S. The current status of psychological assessment training in graduate and professional schools. Journal of Personality Assessment 77.1 (2001): 398–407. Weinert, F. E. Defining and selecting key competencies (2001): 45–66). Read More