The Cultural Legal and Ethical Considerations Presentation

Relevant for doing a Quantitative and Qualitative Type of Research

1. Culture the socially transmitted behavior patterns, beliefs, and products of work of a particular population, community, or group of people Totality of the way of life Psychological Assessment: Sensitivity to culture

2. Culture-Specific Tests – tests designed for use with people from one culture but not from another Culture-Fair Tests

3. Verbal Communication Nonverbal Communication and Behavior Standards of Evaluation Tests and Group Membership

4. Rules that individuals must obey for the good of the society as a whole L a w s Ethics a body of p ri n c i p l e s o f ri g h t , p r o p e r , or good conduct

5. Test Copyright Test Materials Reproduction Use of Tests Safeguarding of Test Materials Promotion of Client Welfare

6. P ub l i c m i s und e r s t and i n g c o n c e r n i n g te s t s fear, anger, legislation, litigation, and administrative regulations Legislation Minimum competency testing programs Truth in testing legislation Litigation psychologist as expert witness

7. Investigation on malpractice Test-User Qualification – Level A, B, C

8. LEVEL A Tests or aids that can adequately be administered, scored, and i n t e r p r e t e d wi t h t h e a i d of the manual and a g e n e ral o r ie n t a t i o n t o t h e k i n d o f i n s t i t u t i o n o r o r g a n i z a t i o n i n w h i c h o n e is working (for instance, achievement or profi ciency tests). LEVEL B T e s t s o r a i d s t hat r e q u i re some technical knowledge of test c o ns t r u ct i o n and us e and of supporting ps y c h o l o g i c al and e d u c a t i o nal f i e l d s su c h as s t a t i s t i c s, i n d i v i d u al d i f f e r e n c e s , ps y c h o l o g y o f ad j us t m e n t , p e rs o n n e l psychology, and guidance ( e .g. , ap t i t u d e t e s t s and ad j us t m e nt i n v e n t o r ie s ap p li c ab l e t o n o r m al populations). LEVEL C T e s t s and a i d s t hat r e q u i re su b s t an t i al u n d e rs t an d i ng of testing and supporting ps y c h o l o g i c al f i e l ds t o g e t h e r wi t h su p e r v i s e d experience in the use of these devices (for i ns t an c e , p ro j e c t iv e t e s t s, i n d ivi d u al m e n t al t e s t s ).

9. Testing for people with disabilities – Adaptive testing

10. Computerized test administration, scoring, and interpretation Access to test administration, scoring, and interpretation software Comparability of pencil-and-paper and computerized versions of tests The value of computerized test interpretations Unprofessional, unregulated “psychological testing” online

11. RIGHT OF INFORMED CONSENT W h y & H o w W h a t i n f o rm a t i o n w il l b e re l e a s e d ? Disclosure of information in an understandable manner THE RIGHT TO BE INFORMED OF TEST FINDINGS Right to be informed, in language they can understand, of the nature of the findings Recommendations If t e s t re s u l t s a re v o i d ed THE RIGHT TO PRIVACY AND CONFIDENTIALITY Recognizes the freedom of the individual to pick and choose for himself the time, circumstances, and particularly the extent to which he wishes to share or withhold from others his attitudes, beliefs, behavior, and opinions T HE RIG HT T O T HE L E A S T S T IG M A T I Z I N G LA B E L

12. Privileged Information Between professionals who communicate about the case : relationship involved Privilege in the psychologist-client relationship belongs to the client, not the psychologist. Limits of Confidentiality When do we break confidentiality?

13. 1. When conducting research or providing assessment, therapy, counseling, or consulting services in person or via electronic transmission or other forms of communication, we shall obtain the i n f o r m e d c o n s e nt of i n d i v i d u a ls u s i n g l an g u a g e t h e i n d i v i d ua l or t h a t is r e a s o n a b ly understandable to that person or persons except when conducting such activities without consent is mandated by law or governmental regulation or as other provided in this Ethics Code.

14. 2. For persons who are legally incapable of giving informed consent, we shall nevertheless (a) provide an appropriate explanation, (b) seek the individual’s assent, (c) consider such persons’ preferences and best interests, and (d) obtain appropriate permission from a legally authorized person, if such substitute consent is permitted or required by law. When consent by a legally authorized person is not permitted or required by law, we shall take reasonable steps to protect the individual’s rights and welfare.

15. When psychological services are court ordered or otherwise mandated, we shall inform the individual of the nature of the anticipated services, including whether the services are court ordered or mandated and any limits of confidentiality, before proceeding. We shall appropriately document written or oral consent, permission, and assent.

16. A. Maintaining Confidentiality It is our duty to safeguard any information divulged by our clients, regardless of the medium where it was stored. It is also our duty to make sure that this information is secured and is not placed in areas, spaces or computers easily accessible to other unqualified persons.

17. B. Limitations of Confidentiality 1. It is our duty to discuss the limitations of confidentiality t o o u r c li e n t s , m a y i t b e du e t o r e g u l a ted l a w s, i nst i tut i o n a l r u l es, or p r o f es s i o n a l or s ci e n t i f i c relationship. In cases where the client is a minor or is legally incapable of giving informed consent, the primary guardian or legal representative should be informed about the limitations of confidentiality. 2. Before the actual interview, session, or any other related psychological activities, we explain explicitly to the client all anticipated uses of the information they will disclose.

18. We may release information to appropriate individuals or authorities only after careful deliberation or when there is imminent danger to the individual and community. In court cases, information should be limited only to those pertinent to the legitimate request of the court. If the psychological services, products, or information is coursed through an electronic transmission, it is our duty to inform the c l i e n t s o f ri s k s t o p ri v a c y .

19. A. Bases for Assessment The expert opinions that we provide through our recommendations, reports, and diagnostic or evaluative statements are based on substantial information and appropriate assessment techniques. We provide expert opinions regarding the psychological characteristics of a person only after employing adequate assessment procedures and examination to support our conclusions and recommendations. In instances where we are asked to provide opinions about an individual without conducting an examination on the basis of review of existing test results and r e p o r ts, w e d i s c u s s the li m i t a t i on

20. B. Informed Consent in Assessment We gather informed consent prior to the assessment of our clients except for the following instances: when it is mandated by the law when it is implied such as in routine educational, institutional and organizational activity w h e n t h e pu r p o s e o f t h e a s s e s s m e n t i s t o d e t e rm i n e t h e individual’s decisional capacity. We educate our clients about the nature of our services, financial arrangements, potential risks, and limits of confidentiality. In instances where our clients are not competent to provide informed consent on assessment, we discuss these matters with immediate family members or legal guardians. (See also III-J, Informed Consent in Human Relations) In instances where a third party interpreter is needed, the confidentiality of test results and the security of the tests must be ensured. The limitations of the obtained data are discussed in our results, conclusions, and recommendations.

21. C. Assessment Tools We judiciously select and administer only those tests which are pertinent to the reasons for referral and purpose of the assessment. We use data collection, methods and procedures that are consistent with current scientific and professional developments. We use tests that are standardized, valid, reliable, and has a normative data directly referable to the population of our clients. We administer assessment tools that are appropriate to the language, competence and other relevant characteristics of our client.

22. D. Obsolete and Outdated Test Results 1. We do not base our interpretations, c o n c l u s i o n s , a n d recommendations on outdated test results. 2. We do not provide interpretations, conclusions, and recommendations on the basis of obsolete tests. E. Interpreting Assessment Results In fairness to our clients, under no circumstances should we report the test results without taking into consideration the validity, reliability, and appropriateness of the test. We should therefore indicate our reservations regarding the interpretations. We interpret assessment results while considering the purpose of the assessment and other factors such as the client’s test taking abilities, characteristics, situational, personal, and cultural differences.

23. F. Release of Test Data It is our responsibility to ensure that test results and interpretations are not used by persons other than those explicitly agreed upon by the referral sources prior to the assessment procedure. We do not release test data in the forms of raw and scaled scores, client’s responses to test questions or stimuli, and notes regarding the client’s statements and behaviors during the examination unless regulated by the court.

24. G. Explaining Assessment Results We release test results only to the sources of referral and with a written permission from the client if it is a self referral. Where test results have to be communicated to relatives, parents, or teachers, we explain them through a non- technical language. We explain findings and test results to our clients or designated representatives except when the relationship precludes the provision of explanation of results and it is explained in advanced to the client. When test results needs to be shared with schools, social agencies, the courts or industry, we supervise such releases.

25. H. Test Security The administration and handling of all test materials (manuals, keys, answer sheets, reusable booklets, etc.) shall be handled only by qualified users or personnel. Assessment by Unqualified Persons We do not promote the use of assessment tools and methods by unqualified persons except for training purposes with adequate supervision. We ensure that test protocols, their interpretations and all other records are kept secured from unqualified persons.

26. J. Test Construction We develop tests and other assessment tools using current scientific findings and knowledge, appropriate psychometric properties, validation, and standardization procedures., social agencies, the courts or industry, we supervise such releases.