Ethics Law Conflict - Eppp Knowledge

  1. What is the best documentation practice when handling an ethics–law conflict?
    Document the conflict, consultations, decisions, and rationale contemporaneously. Contemporaneous records provide evidence of ethical decision-making and protect against future disputes or reviews.
  2. What is the primary ethical aim when resolving an ethics–law conflict while complying with law?
    Minimize harm and uphold ethical principles to the extent possible. Ethical resolution under APA 1.02 emphasizes harm reduction and principle adherence within legal constraints.
  3. What is the first required step when you detect a possible ethics–law conflict in practice?
    Clarify the conflict by identifying the specific law and ethics standard. Identifying precise ethical and legal elements ensures accurate assessment and resolution of potential conflicts.
  4. Which option is best if complying with law will likely harm the client, but noncompliance risks contempt or sanctions?
    Comply with law while taking steps to minimize harm and seek protective orders when possible. APA 1.02 allows legal adherence in unresolvable conflicts, with efforts to mitigate harm through protections.
  5. Which action best reduces risk when state law and federal law appear to conflict in your case?
    Seek legal guidance to determine which authority controls in that context. Legal consultation identifies the controlling authority, reducing risk of non-compliance in jurisdictional conflicts.
  6. What is the best action when law is stricter than ethics and does not force an ethics violation?
    Follow the law (and meet ethics requirements that remain feasible). Stricter laws must be followed, with psychologists integrating compatible ethical duties to maintain professional integrity.
  7. Under APA 1.02, what must a psychologist do after attempting resolution if the conflict cannot be resolved?
    Adhere to the requirements of the law or other governing legal authority. APA 1.02 allows legal compliance when resolution fails, ensuring psychologists do not violate governing authority.
  8. Which option best fits APA 1.02: Law requires a disclosure that the client refuses to authorize.
    Disclose as required by law after attempting resolution; limit disclosure to what is required. APA 1.02 mandates legal compliance post-resolution attempts, with disclosure limited to necessities for ethical balance.
  9. Identify the best action: A subpoena requests records; releasing them may harm the client.
    Consult counsel and respond as legally required while disclosing the minimum necessary. APA 1.02 guides minimal disclosure under subpoenas, balancing legal duties with ethical harm minimization.
  10. What is the best consultation step when you are uncertain about an ethics–law conflict?
    Consult knowledgeable legal counsel and an ethics-competent colleague. Expert input from legal and ethical sources ensures informed, balanced resolution of complex conflicts.
  11. What is the best action when a law is ambiguous and two interpretations exist, one more protective of clients?
    Choose the interpretation that is legally defensible and most protective of clients. Ambiguous laws warrant selecting interpretations that enhance client protection while ensuring legal defensibility.
  12. What does "governing legal authority" include in APA 1.02 (beyond statutes)?
    Regulations, court orders, and other controlling legal mandates. APA 1.02 defines governing authority broadly to include enforceable mandates beyond statutes for comprehensive conflict resolution.
  13. What APA Ethics Code standard governs conflicts between ethics and law/regulations?
    Standard 1.02, Conflicts Between Ethics and Law. APA Standard 1.02 provides guidance for psychologists when ethical duties conflict with legal or regulatory requirements.
  14. What is the required response if an employer policy conflicts with ethical obligations but is not law?
    Clarify the conflict and seek resolution consistent with the Ethics Code. APA 1.03 mandates clarification and ethical resolution for non-legal organizational conflicts to prioritize professional standards.
  15. Identify the best action: A law permits disclosure without consent, but ethics favors confidentiality.
    Do not disclose unless there is a valid ethical/legal justification; protect confidentiality. When law permits but does not require disclosure, ethics prioritize confidentiality absent justification.
  16. Identify the best action: You learn a local regulation conflicts with the Ethics Code; you can comply with both.
    Comply with both; follow the more protective standard where feasible. When dual compliance is possible, adopting the stricter standard upholds both legal and ethical protections.
  17. Which takes precedence when an ethics code and a law are in direct conflict and compliance is required?
    The law (or governing legal authority). APA 1.02 permits adherence to law when conflicts are unresolvable, prioritizing legal compliance over ethics in such cases.
  18. Which option is best when a workplace policy bans interpreting test scores to clients, but ethics supports feedback?
    Seek policy change or exception; provide ethically appropriate feedback if permitted. APA 1.03 encourages advocating for ethical alignment in non-legal policies while providing appropriate services.
  19. What APA Ethics Code standard addresses conflicts between ethics and organizational demands?
    Standard 1.03, Conflicts Between Ethics and Organizational Demands. APA Standard 1.03 outlines steps for psychologists when organizational policies conflict with ethical obligations.
  20. What is the best action when ethics are stricter than law and there is no legal barrier to ethics compliance?
    Follow the Ethics Code (the higher/protective standard). When ethics exceed legal requirements without prohibition, psychologists uphold the stricter ethical standards for client protection.
  21. Identify the best action: A supervisor directs you to alter a report in a way that violates ethics but is not illegal.
    Refuse and seek resolution consistent with the Ethics Code (escalate as needed). APA 1.03 prioritizes ethical integrity over non-legal directives, requiring refusal and escalation for resolution.
  22. What must a psychologist do when a law requires conduct that violates the Ethics Code?
    Make known commitment to Ethics Code and take steps to resolve the conflict. APA 1.02 requires psychologists to affirm ethical commitments and attempt resolution before potentially complying with conflicting law.
  23. Identify the best action: A court order mandates release of specific test data you would withhold ethically.
    Comply with the order and release only what is ordered, using protective measures. Court orders as governing authority under APA 1.02 require compliance, with protections to limit ethical harm.
  24. Under APA 1.03, what must you do if organizational demands would cause an ethics violation?
    Make commitment to Ethics Code known and take steps to resolve the conflict. APA 1.03 requires expressing ethical commitment and pursuing resolution to align organizational demands with the code.

Study these flashcards