Law, Standards and Ethics in

the Practice of Psychology

Entrance Standards
Foremost task to set entrance standards
Provinces and territories have own
standards creates issues
Addressed by:
Agreement on Internal Trade (amended
2009)
Mutual Recognition Agreement

Practice Standards
1. Professional behaviour only
2. Primarily protects public interest
3. Nonintrusive
4. Explicit
5. Sufficient unto themselves
6. Compulsory and crucial

The Standards in Writing

Psychology Act
Health Professions Procedural Code
(HPPC)
Regulated Health Professions Act
(RHPA)

The College Register

Members
Health profession corporations
Complaints
Required information
Discipline Committee
Negligence, malpractice and resignations

Exceptions
Fine, reprimand, incapacity
Irrelevant information
Over 6 years old

Becoming Registered
1. Graduate degree
2. Supervised practice
3. Examinations
6 classes of registered psychologists
- Psychologists or Psychological Associate
authorizing
a. Supervised practice
b. Interim supervised practice
c. Autonomous practice

Regulatory Bodies
CPA requires adherence to the Canadian
Code of Ethics
Failure to adhere requires input from
regulatory bodies
Committees are responsible:
Negotiating informal resolutions
Conducting preliminary investigations
Making formal ethics complaints

Council and Committees

Council for College of Ontario
Committees
1. Executive
2. Registration
3. Inquiries, Complaints, and Reviews
4. Discipline
5. Quality Assurance
6. Patient Relations

Fitness to practice
Incapacity:
- Suffering
- In publics best interest
- Members practice be subject to terms,
conditions, or limitations, or member no
longer be permitted to practice

Case Study - Incapacity

Your colleagues daughter passed away 2 years ago,
but she has since returned to work. A new patient of
hers looks very similar to her daughter, and you
think the patient and colleague are developing an
inappropriately close relationship. Your colleague
prescribes more therapy sessions than you think are
necessary, but she insists they are required. You
have noticed an improvement in the patients
behaviour, and that your colleague's spirits have
improved since seeing this patient, but you wonder
if the patients loss is affecting her judgment and her
treatment negatively.

Quality Assurance
Colleges Quality Assurance
Regulation
1. Self-assessment
2. Peer-assisted review
3. Practice enhancement
4. Mandatory continued education
5. Psychological assessment and
counselling

Provincial and Territorial Discipline

Committees - Complaints
Complaint made orally or in writing
College will discuss complaint
Letter will be sent to psychologist for response
College may dismiss complaint, initiate
settlement or proceed to hearing
Penalty may range from reprimand to revocation

Client Relations Program

To improve interaction between
patients and members
Preventing sexual abuse
- Funding for therapy and
counselling
Mandatory reporting
- Sexual abuse
- Incapacity or incompetence

How to protect yourself

Assess the situation without emotion
Confidentiality trumps professional obligation
to offset harm
Ask colleagues advice
Try to come to an agreement
Get others involved

Legal System
Adversarial equal parties, one wins
Visible Justice must be seen to be
done
Remedial Right wrongs and settle
conflicts

Areas of Law - Criminal

Charter of Rights and Freedoms (1982)
Right to life, liberty and security
Safe from unreasonable search and seizure
Not to be detained arbitrarily
Be informed of reason for arrest
Have legal council without delay

Areas of Law - Civil

Most laws affecting psychologists are civil laws
Compensates by awarding damages
Establishes standards for the limits of behaviour
Educates public
Means to address differences in a controlled
setting

Negligence
Professional actions that fail to meet
societal standards
Duty of care
Reasonable care
Causation

Relationships and Consequences

Suicide
Dr. Bellissimo

Psychotherapy
S.T. v. Gaskell

Assessment
P.H.P. v. Hillingdon London Borough

Third Parties
Tarasoff v. Regents of the University of
Califormia

Case Study Said Too Much

You are employed as a school psychologist at a detention facility
for adolescents who have been convicted of criminal offenses.
You find that establishing trust is the major obstacle to the
provision of effective services, and you have been struggling to
develop a rapport with one particular resident. During a
conversation with her about her intense dislike of one of the
other staff, she mentions offhandedly that some of the residents
have stolen and hidden tools to use as weapons. You gradually
come to understand that they are planning to escape, and you
are reasonably confident that their intention is to harm the
disliked staff member in the process. Your body language
betrays your growing concern and the resident realizes she has
said too much. With obvious fear and poignant sincerity, she
begs you not to tell anyone, saying that she will be assaulted by
the other residents if they find out she talked to you.