EPPP: PART 2, SKILLS • DOMAIN 5: ETHICAL PRACTICE

Peer Ethics Management — Address unethical behavior of colleagues appropriately

Navigating the ethical obligation to confront, consult on, and report colleagues' misconduct in behavioral health practice.

Historical Context & Motivation

The obligation to address a colleague's unethical conduct is not a modern invention; it has deep roots in the professionalization of psychology and the broader behavioral health disciplines. As psychology evolved from a loosely organized academic pursuit into a licensed, regulated profession, the need for practitioners to hold one another accountable became increasingly apparent. Early codes of conduct were aspirational rather than enforceable, but high-profile cases of harm—ranging from exploitative dual relationships to fraudulent research—demonstrated that public trust depends on the willingness of professionals to self-regulate. The concept of peer ethics management thus emerged as a cornerstone of professional identity, reflecting the principle that ethical practice is a communal responsibility, not merely an individual one.

1953
First APA Ethics Code Published
The American Psychological Association published its inaugural Ethical Standards of Psychologists, establishing the foundation of self-regulation within the profession and introducing the idea that practitioners bear collective responsibility for ethical conduct.
1992
APA Ethics Code Revision — Standard 1.04
The major revision of the APA Ethics Code introduced Standard 1.04, Informal Resolution of Ethical Violations, codifying the expectation that psychologists first attempt to resolve apparent violations by bringing them to the attention of the colleague, provided the matter can be addressed informally and confidentiality is not violated.
2002
Current APA Ethics Code (2002/2010 amendments)
Standard 1.04 (Informal Resolution) and Standard 1.05 (Reporting Ethical Violations) were refined to clarify the sequential obligations: informal resolution when appropriate, followed by formal reporting to ethics committees, licensing boards, or institutional authorities when informal efforts fail or the violation is substantial.
2014
APA Hoffman Report & Accountability Reforms
An independent review revealed that some APA leaders had colluded with Department of Defense officials regarding interrogation practices, underscoring the catastrophic consequences of failing to confront unethical behavior among peers and leading to sweeping governance reforms.
2020s
Telepsychology & Emerging Challenges
The rapid expansion of telehealth raised novel peer-ethics questions around unlicensed interstate practice, inadequate informed consent, and breaches of confidentiality in digital platforms, intensifying the need for vigilance in peer ethics management.

Against this historical backdrop, a critical question emerges for every behavioral health professional: When you become aware that a colleague may be engaging in unethical conduct, what are you obligated to do, and how do you do it in a way that protects clients, respects your colleague's rights, and upholds the profession's integrity? The sections that follow provide a structured framework for answering this question with both precision and professional sensitivity.

Core Principles & Definitions

Addressing a colleague's unethical behavior requires grounding in several foundational principles drawn from the APA Ethics Code, state licensing statutes, and professional standards of practice. These principles are not independent; rather, they interact dynamically, requiring the practitioner to exercise professional judgment about which principle takes priority under specific circumstances. At the center of this framework is the overarching mandate of beneficence and nonmaleficence—the duty to protect clients and the public from harm. This duty does not exist in a vacuum; it must be balanced against respect for colleagues, institutional dynamics, and the sometimes competing requirements of confidentiality.

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Standard 1.04 — Informal Resolution

When a psychologist believes a colleague has committed an ethical violation, they should first attempt to resolve the issue by bringing it to the colleague's attention—provided this informal approach is feasible and does not violate any confidentiality rights. This step prioritizes collegial dialogue and remediation over punitive action.
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Standard 1.05 — Reporting Ethical Violations

If informal resolution is not appropriate (e.g., the violation involves substantial harm) or if the informal attempt fails, psychologists must take further action such as reporting to ethics committees, licensing boards, or other institutional authorities. This standard functions as a safety net when peer dialogue proves insufficient.
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Mandatory vs. Permissive Reporting

State laws vary: some jurisdictions mandate that licensed professionals report suspected ethical violations by peers, while others treat reporting as permissive. Practitioners must know their jurisdiction's requirements, which may override the APA Code's informal-first preference.
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Confidentiality Constraints

Information about a colleague's misconduct may be learned through a client's disclosure in therapy. Standard 1.04 explicitly prohibits violating client confidentiality to resolve a peer ethics issue informally. In such cases, the practitioner must seek alternative resolution paths or consult with ethics experts.
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Documentation & Consultation

Throughout the process, practitioners should document their observations, consultations, and decision-making rationale. Seeking consultation from ethics committees, colleagues, or legal counsel protects both the reporting practitioner and the subject of the concern.
KEY TAKEAWAY
Think of the peer ethics management process like a graduated emergency response system in a hospital. A nurse who notices a medication error first addresses it directly with the prescribing physician (informal resolution). If the physician is dismissive or the error is life-threatening, the nurse escalates to the department chief or hospital safety committee (formal reporting). At every stage, the nurse documents what was observed and what actions were taken. The goal is always patient safety, but the system is designed to use the least disruptive intervention that is effective—moving to more formal mechanisms only when less formal ones fail or are inappropriate.

Visual Explanation — The Decision Pathway

The process of addressing a colleague's potential ethical violation follows a structured decision pathway. The flowchart below illustrates the sequential decision points a behavioral health professional navigates, from initial awareness of a possible violation through informal resolution attempts, consideration of confidentiality constraints, and—when necessary—formal reporting. Each decision node requires careful professional judgment, and the pathway is not always linear; consultation may loop back to earlier stages as new information emerges.

This flowchart traces the five-stage decision pathway from initial awareness of a colleague's potential ethical violation through information gathering, the confidentiality gate, informal resolution (Standard 1.04), and—when necessary—formal reporting (Standard 1.05). Note the critical branch point: when the information was obtained through a client's confidential disclosure, the practitioner cannot use it for informal peer dialogue and must instead consult an ethics committee for guidance on permissible reporting channels.

As the diagram illustrates, the pathway is not a rigid linear sequence; the confidentiality constraint (diamond decision node) can redirect a practitioner away from informal resolution entirely. Similarly, the consultation loop at any stage may introduce new facts that shift the appropriate course of action. The key takeaway from this visual model is that ethical decision-making in peer contexts is iterative and context-dependent, requiring ongoing professional judgment rather than mechanical rule-following.

How the Process Works — Standards 1.04 and 1.05 in Depth

Standard 1.04: Informal Resolution of Ethical Violations

Standard 1.04 of the APA Ethics Code provides: "When psychologists believe that there may have been an ethical violation by another psychologist, they attempt to resolve the issue by bringing it to the attention of that individual, if an informal resolution appears appropriate and the intervention does not violate any confidentiality rights that may be involved." This standard encodes three critical conditions that must all be met before informal resolution is attempted. First, the practitioner must have a reasonable belief—not mere suspicion, but a substantive basis—that a violation has occurred. Second, the practitioner must judge that an informal approach is appropriate to the severity and nature of the violation. Third, the informal approach must not require disclosing confidential client information. When all three conditions are satisfied, the practitioner's ethical obligation is to approach the colleague directly—ideally in private—to express concern and provide an opportunity for the colleague to self-correct.

Standard 1.05: Reporting Ethical Violations

Standard 1.05 provides the escalation pathway: "If an apparent ethical violation has substantially harmed or is likely to substantially harm a person or organization and is not appropriate for informal resolution under Standard 1.04, or is not resolved properly, psychologists take further action appropriate to the situation. Such action might include referral to state or national committees on professional ethics, to state licensing boards, or to the appropriate institutional authorities." The language here is important: the standard does not require formal reporting for every violation—only for those that involve substantial harm or where informal resolution has been attempted and has failed. This graduated approach is intentional; it preserves collegial relationships where possible while ensuring that serious violations are not left unaddressed. However, practitioners must also be aware that state statutes may impose mandatory reporting obligations that override the APA Code's preference for informal resolution, particularly in cases involving sexual misconduct with clients, child abuse, or impaired practitioners.

Exceptions and Special Circumstances

  • Sexual intimacies with a client: This is universally considered a violation of sufficient severity to bypass informal resolution entirely. Most jurisdictions mandate direct reporting to the licensing board.
  • Colleague impairment (substance use, mental health crisis): Impairment may not constitute an ethical violation per se, but when it impairs professional functioning and places clients at risk, the practitioner may need to report or facilitate intervention through an impaired-professional program.
  • Institutional whistleblower protections: When violations occur in organizational settings (hospitals, universities, VA systems), practitioners should be aware of institutional reporting mechanisms and whistleblower protections that may shield them from retaliation.
  • When the violator is a supervisee: Supervisors have both an ethical and legal responsibility to address trainee misconduct directly, and the supervisor may bear vicarious liability for failing to intervene.
⚠️ Important Distinction
Standards 1.04 and 1.05 apply specifically when a psychologist learns of a colleague's ethical violation through non-confidential channels (e.g., direct observation, public knowledge, colleague self-disclosure). When information comes from a client in therapy, the therapist's duty of confidentiality generally takes precedence over the duty to address the colleague's behavior informally. In such cases, the therapist may still report to a licensing board if the client consents or if mandatory reporting laws apply.

Decision Factors & Classification of Violations

Not all ethical violations are equivalent in severity, and the appropriate response varies accordingly. A useful framework for classifying violations considers two dimensions: the severity of actual or potential harm to clients or the public, and the likelihood that informal resolution will be effective. These two dimensions create a matrix that guides the practitioner's decision about which pathway to pursue. The diagram below maps common violation types onto this matrix, offering a visual heuristic for rapid ethical decision-making.

The Violation Classification Matrix maps ethical violations along two dimensions. Quadrant A (high severity, amenable to informal resolution) calls for informal dialogue first, with escalation if the colleague does not self-correct. Quadrant B (high severity, not amenable) requires bypassing informal resolution and proceeding directly to formal reporting. Quadrant C (low severity, amenable) can typically be resolved through collegial conversation. Quadrant D (low severity, not amenable) requires ongoing monitoring and consultation, as the situation may escalate or clarify over time.

Several additional factors should inform the practitioner's classification of a given situation. The colleague's receptivity to feedback is a practical consideration; a colleague with a history of defensiveness or retaliatory behavior may make informal resolution inadvisable even for lower-severity violations. The power differential between the observing practitioner and the colleague matters as well—confronting a supervisor about an ethical lapse is fundamentally different from addressing a peer or a supervisee. Institutional culture, the availability of a trusted ethics consultation service, and the potential consequences for the reporting practitioner (including fear of retaliation) all shape the real-world calculus of peer ethics management. The EPPP Skills exam expects candidates to demonstrate awareness of these contextual factors while anchoring decisions in the specific language of Standards 1.04 and 1.05.

Worked Example — Applying the Decision Pathway

Consider the following scenario, which integrates multiple principles discussed in this lesson. Dr. Patel is a licensed psychologist working in a group practice. During a team case conference, a colleague, Dr. Kim, casually mentions that she has been accepting small gifts from a long-term client who owns a bakery. Dr. Kim describes the gifts as "just pastries" and notes that the client would be offended if she refused. Dr. Patel is concerned that this could constitute a boundary violation, particularly because the client has a history of dependent personality features and the gift-giving pattern appears to be escalating. Walk through the decision pathway step by step.

Case: Dr. Patel's Response to Dr. Kim's Boundary Concern
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Step 1 — Assess the SituationDr. Patel first determines whether there is a reasonable basis to believe an ethical violation has occurred. Accepting gifts from clients is not categorically prohibited by the APA Ethics Code, but Standard 3.05 (Multiple Relationships) and Standard 3.08 (Exploitative Relationships) are potentially implicated. Given the client's dependent personality features and the escalating pattern, Dr. Patel concludes there is a reasonable basis for concern that a problematic boundary crossing is developing.
Reasonable basis for ethical concern exists—proceed to information gathering.
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Step 2 — Check the Confidentiality GateDr. Patel learned about this situation through Dr. Kim's own disclosure in a case conference—not through a client's confidential communication. Therefore, there is no confidentiality barrier to discussing the concern with Dr. Kim directly. If instead a client had disclosed Dr. Kim's behavior in therapy with Dr. Patel, the analysis would change dramatically: Dr. Patel would be unable to raise the issue informally with Dr. Kim without violating the client's confidentiality.
No confidentiality constraint—informal resolution is permissible.
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Step 3 — Attempt Informal Resolution (Standard 1.04)Dr. Patel approaches Dr. Kim privately after the case conference. Using a collegial, non-accusatory tone, Dr. Patel says: "I wanted to follow up on what you shared about the bakery gifts. I know the client would be hurt if you refused, and I understand the dilemma. I'm wondering, though, whether the pattern might be reinforcing some dependency dynamics, and I wanted to flag that Standard 3.05 might be worth revisiting here." Dr. Patel avoids labeling the behavior as 'wrong' and instead frames the conversation as a collegial consultation about ethical best practices.
Informal resolution attempted through collegial dialogue.
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Step 4 — Evaluate the OutcomeSuppose Dr. Kim responds thoughtfully, acknowledges the concern, and agrees to discuss the gift-giving with her own supervisor and to address the boundary issue in her next session with the client. In this case, the informal resolution has been successful, and Dr. Patel should document the conversation and its outcome. If, alternatively, Dr. Kim dismisses the concern, becomes defensive, and the behavior escalates (e.g., accepting larger gifts or personal favors), Dr. Patel would need to move to Step 5.
Scenario A: Resolved informally—document and close. Scenario B: Unresolved—proceed to formal reporting.
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Step 5 — Formal Reporting (Standard 1.05), if neededIf informal resolution fails or the situation worsens, Dr. Patel's ethical obligation shifts to Standard 1.05. Appropriate actions include: reporting the concern to the group practice's clinical director, contacting the state licensing board, or referring the matter to the state or national ethics committee. Dr. Patel should continue to document observations and maintain a factual, non-inflammatory record. Throughout, Dr. Patel should also seek consultation to ensure her own actions are ethically sound.
Escalated to formal channels with documentation; practitioner protects self through consultation.

Barriers and Facilitators of Effective Peer Ethics Management

Research in professional ethics and organizational behavior has identified numerous barriers that prevent practitioners from fulfilling their peer ethics obligations, as well as facilitators that make effective intervention more likely. Understanding these factors is essential for the EPPP Skills exam, which tests not merely knowledge of what practitioners should do, but awareness of the real-world complexities that shape ethical behavior in practice settings.

Common barriers and facilitators of peer ethics intervention in behavioral health settings
FactorBarriers (Inhibiting Action)Facilitators (Promoting Action)
Power DynamicsFear of retaliation from a colleague who holds institutional power (e.g., department chair, supervisor)Institutional whistleblower protections; supportive organizational culture; anonymous reporting channels
Relational BondsClose friendship or mentoring relationship with the colleague creates loyalty conflictReframing confrontation as an act of care; recognizing that silence enables greater harm
AmbiguityUncertainty about whether the observed behavior truly constitutes a violation (gray-area cases)Ethics consultation; peer discussion groups; access to ethics code commentary and case law
Bystander EffectAssuming someone else will address the issue; diffusion of responsibility in large practices or institutionsClear role assignments for ethics monitoring; training that emphasizes individual obligation
Skills DeficitLack of training in how to initiate difficult conversations; discomfort with confrontationEthics coursework that includes role-play and behavioral rehearsal; mentorship in ethical assertiveness
KEY TAKEAWAY
Peer ethics management is analogous to quality assurance in engineering: just as an engineer who notices a structural defect in a colleague's design has a professional obligation to flag it—regardless of personal relationships or institutional politics—because the consequence of silence is catastrophic failure, a behavioral health practitioner who witnesses a colleague's ethical lapse must act because the consequence of silence is harm to vulnerable clients. In both fields, the professional culture must normalize 'speaking up' as a sign of competence and integrity, not disloyalty.

Connection to Advanced Ethical Theory & Multi-Jurisdictional Practice

The APA Ethics Code provides the foundational framework for peer ethics management, but advanced ethical practice requires engaging with the deeper theoretical tensions that the Code's standards encode. The graduated approach of Standards 1.04 and 1.05 reflects a virtue ethics perspective, emphasizing the character of the practitioner (courage, prudence, justice) as much as compliance with rules. A purely deontological reading of the Code would mandate rigid rule-following regardless of context, while a consequentialist perspective would evaluate each situation based on predicted outcomes. Effective peer ethics management integrates all three frameworks, using rules as a starting point, consequences as a guide for severity assessment, and virtue as the motivational substrate for ethical action.

Standard APA framework vs. advanced considerations in peer ethics management
DimensionStandard APA FrameworkAdvanced / Multi-Jurisdictional Considerations
Reporting ThresholdSubstantial harm or likelihood of substantial harm (Std 1.05)Some states use 'any violation' threshold; HIPAA mandates apply to breaches; mandatory reporting for sexual contact in many jurisdictions
Cross-State TelehealthReport to the colleague's licensing boardInterjurisdictional Practice Certificate (IPC) complicates which board has jurisdiction; PSYPACT states have unique reporting procedures
Multicultural ContextStandard applies uniformly regardless of cultural contextCultural humility requires considering whether an apparent boundary violation reflects culturally normative practice; consultation with cultural experts before acting
Organizational vs. Individual EthicsFocus on individual practitioner's conductSystemic ethical failures (e.g., institutional policies that enable violations) require advocacy at organizational level; Std 1.03 (Conflicts Between Ethics and Organizational Demands)

As behavioral health practice becomes increasingly interdisciplinary and multi-jurisdictional, the straightforward two-step model (informal first, then formal) will continue to require sophisticated adaptation. Future practitioners will need competence not only in the APA Ethics Code but also in relevant state statutes, federal regulations (such as HIPAA and 42 CFR Part 2 for substance use treatment records), and the ethical codes of allied professions (social work, counseling, psychiatry) with whom they collaborate. The EPPP Skills exam tests your ability to navigate this complexity, prioritizing client protection as the ultimate north star while respecting the procedural guardrails that maintain fairness for the colleague under scrutiny.

Practice Problems

PROBLEM 1CONCEPTUAL
Under the APA Ethics Code, what is the primary reason Standard 1.04 (Informal Resolution) exists as a prerequisite before formal reporting under Standard 1.05? Explain the rationale and identify one scenario where Standard 1.04 would be bypassed entirely.
PROBLEM 2BASIC APPLICATION
Dr. Rivera learns during a supervision session with a trainee that the trainee's previous supervisor, Dr. Chen, routinely disclosed client information to the clinic's administrative staff for scheduling convenience, without obtaining client consent for such disclosures. The trainee is no longer supervised by Dr. Chen. Identify the applicable APA standard(s) and describe what Dr. Rivera should do first.
PROBLEM 3INTERMEDIATE
Dr. Okafor is treating a client who reports that her previous therapist, Dr. Watts, had initiated a romantic relationship with her during treatment. The client is distressed and does not want Dr. Okafor to take any action regarding Dr. Watts, fearing public exposure. Dr. Okafor believes the client's account is credible. Analyze the competing ethical obligations and identify the best course of action, citing specific APA standards and considering relevant state-level requirements.
PROBLEM 4APPLIED
You are a psychologist in a VA hospital. You observe that a colleague, Dr. Torres, has been arriving at work appearing intoxicated on multiple occasions and has made clinical errors including misfiling assessment reports and forgetting to complete mandated suicide risk assessments. When you mention your observations to other team members, they acknowledge similar concerns but say, 'That's just how he is lately—he's going through a divorce.' Describe how you would apply the peer ethics decision pathway, including the role of institutional reporting mechanisms, mandatory reporting considerations, and the ethical tension between collegial loyalty and client safety.
PROBLEM 5CRITICAL THINKING
Critically evaluate the limitations of the APA's two-step model (Standards 1.04 and 1.05) for peer ethics management. Consider the following: (a) Does the model adequately account for systemic power differentials? (b) How should cultural factors influence the application of informal resolution? (c) If a colleague practices in a state with PSYPACT authorization and the violation occurs during a telehealth session with a client in a different state, which jurisdiction's reporting standards should govern? Propose at least one modification to the current model that would address one of these limitations.

Summary — Peer Ethics Management

Peer ethics management is a foundational competency in behavioral health practice, grounded in the principle that ethical practice is a collective professional responsibility. The APA Ethics Code establishes a graduated two-step framework: Standard 1.04 (Informal Resolution) directs practitioners to first address a colleague's apparent violation through direct, collegial dialogue—provided three conditions are met: a reasonable basis for concern exists, informal resolution is appropriate to the severity of the violation, and the intervention does not violate any confidentiality rights. When informal resolution fails or the violation involves substantial harm, Standard 1.05 (Reporting Ethical Violations) mandates escalation to ethics committees, licensing boards, or institutional authorities.

Effective peer ethics management requires navigating multiple contextual factors: the severity of harm, the source of the information (confidential vs. non-confidential), power differentials between reporter and colleague, state-specific mandatory reporting laws, and cultural factors. Practitioners must document their observations and decision-making throughout the process, seek ethics consultation when uncertain, and maintain the overarching commitment that client protection is the ultimate priority—even when intervening is uncomfortable, relationally costly, or professionally risky.

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