Laws And Ethics
Codes In
Psychology And Mental Health
As Compared To Other Professions.
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This six page paper summarizes and compares licensing
requirements, laws, and ethical guidelines of
psychologist, therapist or psychiatric nurse practitioner,
and lawyer
A psychologist is a person who is licensed or
otherwise authorized to practice psychology or
to use the title "psychologist" in connection
with his or her practice. In order to qualify
for a license as a psychologist, a person should
have received an education, including a doctoral
degree in psychology, granted on the basis of
completion of a program of psychology registered
with the department or the substantial equivalent
thereof, in accordance with the concerned commissioner’s
regulations. The licensing requirement also includes
two years experience of supervised employment
or engagement in appropriate psychology activities
satisfactory to the board and in accordance with
the commissioner` s regulations. A psychologist
is also required to have passed an examination
satisfactory to the board and in accordance with
the commissioner` s regulations. There is also
an age limit of at least twenty-one years of age.
There is no requirement of specific citizenship
of the country. As is required in every profession,
a person should be of good moral character as
determined by the department and must pay appropriate
fee to the department for admission to a department-conducted
examination and for an initial license.
A nurse is a person educated and trained to care
for the sick or disabled. The licensing requirements
include registration with nursing council, current
CPR certificate from an approved Heart Association
Basic Cardiac Life Support. The licensing requirement
also includes Liability and malpractice insurance
provided by the school, immunizations and other
procedures and health insurance. The purpose of
licensing requirement for nurses is to provide
efficient care to people by trained personnel.
In order to safeguard life and health, any person
practicing or offering to practice nursing for
compensation shall be required to submit evidence
that he or she is qualified to practice so and
shall be licensed as Professional nursing, Advanced
practice nursing, Registered practitioner nursing,
Practical nursing or Psychiatric technician nursing.
It is unlawful for any person not licensed by
the board to practice or offer to practice professional
nursing, advanced practice nursing, registered
practitioner nursing, practical nursing or psychiatric
technician nursing or to use any sign, card, or
device to indicate that the person is a professional
registered nurse, an advanced practice nurse,
a registered nurse practitioner, a licensed practical
nurse, or a licensed psychiatric technician nurse.
On the other hand a lawyer is a person who is
practicing law generally and not necessarily for
a fee, giving legal advice or counsel, examining
or passing upon the legal effect of an act, document
or law, or representing clients, not necessarily
in a judicial setting. He is required to pay the
current active licensing fee plus the required
annual Client Security Fund assessment and he
must also satisfy continuing legal education requirements.
Membership in the local psychiatric societies
commits members and student affiliates to comply
with the standards of their Ethics Code and to
the rules and procedures used to enforce them.
Lack of awareness or misunderstanding of an Ethical
Standard is not itself a defense to a charge of
unethical conduct. Actions that violate the standards
of the Ethics Code may also lead to the imposition
of sanctions on psychologists or students whether
or not they are local society members by bodies
other than that, including state psychological
associations, other professional groups, psychology
boards, other state, and federal agencies. In
addition, local society may take action against
a member after his or her conviction of a felony,
expulsion or suspension from an affiliated state
psychological association, or suspension or loss
of licensure. When the sanction to be imposed
is less than expulsion, the Rules and Procedures
do not guarantee an opportunity for an in-person
hearing, but generally provide that complaints
will be resolved only on the basis of a submitted
record.
The Ethics Code is intended to provide guidance
for psychologists and standards of professional
conduct that can be applied by the local bodies
that choose to adopt them. The Ethics Code is
not intended to be a basis of civil liability.
Whether a psychologist has violated the Ethics
Code standards does not by itself determine whether
the psychologist is legally liable in a court
action, whether a contract is enforceable, or
whether other legal consequences occur.
In the process of making decisions regarding
their professional behavior, psychologists must
consider Ethics Code in addition to applicable
laws and psychology board regulations. In applying
the Ethics Code to their professional work, psychologists
may consider other materials and guidelines that
have been adopted or endorsed by scientific and
professional psychological organizations and the
dictates of their own conscience, as well as consult
with others within the field. If this Ethics Code
establishes a higher standard of conduct than
is required by law, psychologists must meet the
higher ethical standard. If psychologists' ethical
responsibilities conflict with law, regulations,
or other governing legal authority, psychologists
make known their commitment to this Ethics Code
and take steps to resolve the conflict in a responsible
manner. If the conflict is irresolvable via such
means, psychologists may adhere to the requirements
of the law, regulations, or other governing authority
in keeping with basic principles of human rights.
This is the basic difference between a psychologist
and a lawyer where a lawyer has to abide by the
related laws.
There is a commitment for psychologists to increasing
scientific and professional knowledge of behavior
and people's understanding of themselves and others
and to the use of such knowledge to improve the
condition of individuals, organizations, and society.
Psychologists respect and protect civil and human
rights and the central importance of freedom of
inquiry and expression in research, teaching,
and publication. They strive to help the public
in developing informed judgments and choices concerning
human behavior. In doing so, they perform many
roles, such as researcher, educator, diagnostician,
therapist, supervisor, consultant, administrator,
social interventionist, and expert witness. Ethics
Code provides a common set of principles and standards
upon which psychologists build their professional
and scientific work.
Ethics Code is intended to provide specific standards
to cover most situations encountered by psychologists.
It has as its goals the welfare and protection
of the individuals and groups with whom psychologists
work and the education of members, students, and
the public regarding ethical standards of the
discipline.
The development of a dynamic set of ethical standards
for psychologists' work-related conduct requires
a personal commitment and lifelong effort to act
ethically; to encourage ethical behavior by students,
supervisees, employees, and colleagues; and to
consult with others concerning ethical problems.
Regarding nurses, Legal and Ethical Guidelines
for Safe Practice include undertaking the responsibilities
of the psychotherapeutic relationship. It also
includes the ability of nurses to discuss a client’s
civil rights and how they pertain to restraint
and seclusion. A psychiatric nurse technician
or a Culturally Relevant Mental Health Nurse has
additional responsibilities of applying the concepts
of culture to psychiatric mental health nursing
assessment and practice. His duties also include
developing an awareness of the balance between
the client’s rights and the rights of society
with respect to these legal concepts relevant
in nursing and psychiatric nursing. Other added
responsibilities include duty to intervene, documentation
and charting, and confidentiality. A nurse has
to follow and apply the concepts of culture to
psychiatric mental health nursing assessment and
practice. Regarding ethical guidelines a lawyer
should show diligence, i.e. a he should act with
reasonable diligence and promptness in representing
a client. He must keep confidentiality of information.
He should not reveal information relating to representation
of a client unless the client consents after consultation.
A lawyer has to abide by a client's decisions
concerning a plea to be entered, whether to waive
jury trial and whether the client will testify.
He is not authorized to counsel a client to engage,
or assist a client in conduct that the lawyer
knows is criminal or fraudulent, but a lawyer
may discuss the legal consequences of any proposed
course of conduct with a client and may counsel
or assist a client to make a good faith effort
to determine the validity, scope, meaning or application
of the law. A lawyer may reveal such information
to the extent the lawyer reasonably believes necessary
to prevent the client from committing a criminal
act that the lawyer believes likely to result
in imminent death or substantial bodily harm.
A lawyer has to abide by a client's decisions
concerning the objectives of representation and
shall consult with the client as to the means
by which they are to be pursued. A lawyer's representation
of a client, including representation by appointment,
does not constitute an endorsement of the client's
political, economic, social or moral views or
activities. A lawyer shall not reveal information
relating to representation of a client unless
the client consents after consultation.
The ethical code of conduct for psychologist differs
from a lawyer. Take the example of Jehovah’s
witness, while a person following this may be
labeled by a lawyer as a dangerous person, a psychologist
adhering to his ethical responsibilities will
the nature of moral conflict. Similarly in parents
with asperger’s syndrome, a lawyer is concerned
with parental behavior whereas psychologists value
parental diagnosis.
In conclusion a psychologist deals with the mental
health of an individual whereas lawyer solves
legal issues. It is true that sometimes they both
have to act in collaboration and also need help
with psychiatric nurse technician
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