integ: psych assessment (legal/ethical considerations)

Ethical Standards

intended to provide guidance for psychologists and standards of professional conduct

Consent

formal and voluntary agreement to participate in a psychological service, assessment, treatment, or research

Informed Consent:

• voluntary, knowing agreement to participate in a psychological activity, given after receiving sufficient information

• Requirements

  • Purpose and nature of service or procedure

  • Risks and benefits

  • Confidentiality and its limits

  • Rights to refuse or withdraw

• Must use language appropriate to the client’s level of understanding

• Written form is ideal, but verbal consent may be acceptable when documented appropriately

Written Consent

• signed document indicating formal agreement

• Required when handling sensitive data, conducting assessments, or releasing records

• Ensures clarity, documentation, and legal accountability

• Must be securely stored and accessible for review if needed

Verbal Consent

• consent given orally by the client

• Acceptable in low-risk or informal contexts, but should be recorded in notes

• Must still follow informed consent principles (clear explanation, voluntary agreement)

Parental / Legal Guardian Consent

• given by an adult responsible for a minor or an individual unable to provide legal consent

• Required for minors (usually under 18) and those with impaired decision-making capacity

• Must be combined with assent from the minor, when appropriate

• Psychologists must explain the service in a way the minor can understand

Assent

• a minor or dependent person’s willingness to participate, given alongside guardian consent

• Ethically important even if not legally binding

• Respect for autonomy starts early; children should be meaningfully involved

• Should be obtained using age-appropriate language

• affirmative agreement of a minor or legally dependent person to participate in psychological assessment or research.

Implied Consent

• consent inferred from behavior (ex. completing a survey or showing up for a session)

• Not sufficient for high-risk or sensitive activities (ex. psychological testing, therapy)

• May apply to initial engagement (ex. entering a consultation room), but must transition into full informed consent

• not directly stated but is inferred from a person’s actions, participation, or behavior.

when consent is not required: Risk of Serious Harm or Threat to Life

• Suicide or self-harm

• Harming another person 

• Abuse or neglect (especially of minors or vulnerable persons)

• PAP Code of Ethics, 2022, Section 5.5

when consent is not required: Mandated by Law (Legal Obligations)

• Reporting child abuse 

• Court orders or subpoenas requesting records

• Psychological evaluations ordered by a court

When Consent Is NOT Required: Emergency Situations

• A client is unconscious or in acute distress

• There is no guardian immediately available to provide consent

• The goal is to stabilize or protect the client until consent can be obtained

• Also applies to providing psychological care

• PAP Code of Ethics, 2022, Section 5.3.4

When Consent Is NOT Required: Recurrent Surveys

• Include regular feedback forms, employee pulse checks, and anonymous evaluations

• Survey should not ask about sensitive, personal, or emotional topics

• Should have no foreseeable harm or distress to the participant

• Responses are anonymous, or data is handled with confidentiality

• Participants are told (or reminded) that they are free to decline, skip, or stop the survey any time without penalty

Confidentiality

If identity is known and protected

Anonymity

If identity is never known or recorded

ethics

• system of moral principles and professional standards that guide the behavior and decision-making 

• Guide psychologists and psychometricians in their work with clients, research participants, students, and the public

• About knowing what is right and wrong in professional practice

• Ensures that psychological services are safe, competent, and respectful

• Promotes confidentiality, informed consent, and non-discrimination

• Helps professionals handle complex situations

• Aligns with both legal obligations (like RA 10029 in the Philippines) and cultural values (like respect and community care)

• Applied in assessment, therapy, research, teaching, and consultation

American Psychological Association (APA)

• leading scientific and professional organization representing psychology in the United States

• Founded in 1892

• Mission: promote the advancement, communication, and application of psychological science and knowledge to benefit society and improve lives

• 5 general principles

• psychologists (globally referenced)

• enforceability: Mandatory for APA members & US-licensed psychologists

• added focus: Scientific integrity, fairness, clinical precision

Beneficence & Nonmaleficence

Maximize benefits, minimize harm

do good and do no harm

Fidelity & Responsibility

Build trust, uphold professional obligations

Members of the Board of Psychology (PRC)

• Hon. Miriam P. Cue, Chairman

• Hon. Imelda Virginia G. Villar

• Hon. Hector M. Perez

PAP Code Of Ethics

• governs all licensed psychologists and psychometricians in the Philippines

• Aligned with RA 10029 (Philippine Psychology Law)

• Highlights Filipino cultural sensitivity, dignity, human rights, and social justice

Primacy of Respect

• Treat every person with inherent worth and dignity

• Respect autonomy, diversity, and human rights

• Avoid discrimination and oppressive practices

Competence

• Only perform tasks you are trained and qualified for

• Seek supervision or refer when beyond your expertise

• Continuously update knowledge and skills

Integrity

• Be honest, transparent, and fair in all professional dealings

• Avoid deception, fraud, and misrepresentation

• Admit limitations and correct mistakes when they occur

Professional Responsibility

• Abide by laws, ethical codes, and organizational rules

• Accept accountability for professional decisions and actions

• Collaborate respectfully with colleagues and institutions

Promotion of Human Rights and Social Justice

• Challenge systems that reinforce inequality or oppression

• Use psychological knowledge to advocate for marginalized populations

• Promote fairness in access to psychological services

Cultural and Intersectional Responsiveness

• Recognize how culture, gender, age, socioeconomic status, etc. shape experience

• Adapt methods and tools appropriately across diverse populations

• Avoid imposing personal biases in practice

Concern for Others’ Welfare

• Prioritize safety, growth, and psychological well-being of clients

• Be mindful of power dynamics in professional relationships

• Do no harm: actively prevent or mitigate risks

Ecological and Social Responsibility

• Be aware of how environmental and systemic factors affect mental health

• Support sustainability, peace, and community well-being

• Consider psychological impacts of climate change, disasters, and displacements

Psychological Association of the Philippines (PAP)

• accredited integrated professional organization for registered psychometricians and psychologists

• Oldest and largest professional organization of psychologists in the Philippines (1962)

• Committed to promoting excellence in psychology’s teaching, research, and practice

• 7 principles

• psychologists & psychometricians

• enforceability: Mandatory for all licensed PH practitioners

• added focus: Ecology, social justice, Filipino values

Johan Friedrich Herbart

• mathematical models of the mind

• founder of pedagogy as an academic discipline

• went against Kant

• One of the first thinkers who tried to make teaching and learning more scientific

The Psychology law

RA 10029

The right to informed consent

• General purpose of testing

• Specific reason it is being undertaken in the present case

• General type of instruments to be administered

The right to privacy and confidentiality

exceptions include subpoena from the court, can cause harm and danger to themselves or others, minors.

PRINCIPLE 1: Respect for Dignity of Persons and People

• recognizes the inherent worth of all human beings, regardless of perceived or real differences. This inherent worth means that all human beings are worthy of equal moral consideration.

• respect for the unique worth and inherent dignity of all human beings; 

• Respect for the diversity

• Respect for the customs and beliefs of cultures; unless contravenes to the dignity of people and causes harms to others.

• Informed consent

• Privacy and confidentiality

• Fairness (non discriminatory environment for everyone regardless of their status) and justice (everybody gets the same treatment)

PRINCIPLE 2: Competent Caring for the Well-Being of Persons and Peoples

• working for their benefit and doing no harm;  maximizing benefits, minimizing potential harm, and offsetting or correcting harm; adequate self-knowledge (become more competent) to lessen harm.

• active concern for the well-being of individuals, families, groups, and communities

• taking care to do no harm to individuals, families, groups, and communities

• Correcting harmful effects

• Developing and maintaining competence

• Self-knowledge regarding how their own values, attitudes, experiences, and social contexts influence their actions, interpretations, choices, and recommendations

PRINCIPLE 3: Integrity

• recognizing, monitoring, and managing potential biases, multiple relationships, and other conflicts of interest that could result in harm and exploitation of persons or peoples. 

• honesty, and truthful, open and accurate communications;

• avoiding incomplete disclosure of information unless complete disclosure is culturally inappropriate, or violates confidentiality, or carries the potential to do serious harm to individuals, families, groups, or communities; 

• maximizing impartiality and minimizing biases

• not exploiting persons or peoples for personal, professional, or financial gain

• avoiding conflicts of interest and declaring them when they cannot be avoided or are inappropriate to avoid.

PRINCIPLE 4: Professional and Scientific Responsibilities to Society

• responsibilities include contributing to the knowledge about human behavior and to persons’ understanding of themselves and others, and using such knowledge to improve the condition of everyone. 

• Increase scientific and professional knowledge

• Promote the highest ethical ideals in the scientific, professiona;, and educational activities of its members

• The disciplines’s responsibility to adequately train and supervise its members

• Ethical awareness and sensitivity

GENERAL ETHICAL STANDARDS AND PROCEDURES: a. Misuse of Psychologist’s Works

• In instances where misuse or misrepresentation of our work comes to our attention, we take appropriate and reasonable steps to correct or minimize effects of such misuse or misrepresentation.  

• If you published a research and people have misinterpreted and misrepresented of oter works, call their attention and correct it.

GENERAL ETHICAL STANDARDS AND PROCEDURES: b. Conflicts between Ethics and Law, Regulations or other Governing legal Authority

In instances where our code of ethics conflicts with the law, regulations or governing legal authority, our first step is to take appropriate actions to resolve the conflicts while being committed to our code of ethics. However, if the conflicts cannot be resolved by such means, we adhere to the law, regulations or governing legal authority.

GENERAL ETHICAL STANDARDS AND PROCEDURES: c. Conflicts between Ethics and Organizational Demands

In instances where our code of ethics conflicts with organizational demands, we make our code of ethics known to the organization. We also declare our commitment and adherence to this code when resolving the conflicts.

GENERAL ETHICAL STANDARDS AND PROCEDURES: d. Informal Resolution of Ethical Violations

When we become aware that another psychologist violated our code of ethics, we may resolve the issue by bringing it to the attention of the psychologist. We do so if informal resolution is sufficient and if the intervention does not violate confidentiality rights

GENERAL ETHICAL STANDARDS AND PROCEDURES: e.  Reporting Ethical Violations

• If there is likely to have substantial harm to a person or organization, a person or organization and is not appropriate for informal resolution, we take further action to report violation of the code of ethics to appropriate institutional authorities. 

• However, this does not apply when an intervention would violate confidentiality rights or when we are called to review the work of another psychologist whose professional conduct is in question.

GENERAL ETHICAL STANDARDS AND PROCEDURES: f. Cooperating with Ethics Committee

• We cooperate with the ethics investigation, proceedings and requirements of any psychological association we belong to. 

• Failure to cooperate is itself an ethics violation

GENERAL ETHICAL STANDARDS AND PROCEDURES: g. Improper Complaints

• We refrain from filing ethical complaints with reckless disregard or willful ignorance of facts that would disprove allegations of ethical violations. We also refrain from filing complaints without supporting factual evidence. 

• Make sure that allegations are true because if there is no basis, it is wrong.

GENERAL ETHICAL STANDARDS AND PROCEDURES: h. Unfair Discrimination Against Complainants and Respondents

• We do not discriminate against complainants and respondents of ethical complaints by denying them employment, advancement, admissions to academic, tenure or promotion. 

• This does not rule out taking appropriate actions based on outcomes of proceedings.  

• If a professional is being a center of complaint, they shall not be treated unfairly until the allegations have been proven (innocent until proven guilty)

COMPETENCIES: A. Boundaries of Competence

• Psychologists provide services, teach, and conduct research with populations and in areas only within the boundaries of their competence, based on their education, training supervised experience, consultation, study, or professional experience

• We shall make appropriate referrals, providing Services in Emergencies, where our existing competencies are not sufficient to ensure effective implementation or provision of our services. 

• When we plan to provide services, teach, or conduct research involving populations, areas, techniques, or technologies that are new to us and/or are beyond our existing competence, we must undertake relevant education, training, supervised experience, consultation, or thorough study.

COMPETENCIES: A. Boundaries of Competence

• So as not to deprive individuals or groups of necessary services, which we do not have existing competence, we may provide the service, as long as: 

a. we have closely related prior training or experience, and 

b. we make a reasonable effort to obtain the competence required by undergoing relevant research, training, consultation, or thorough study. 

• In those emerging areas in which generally recognized standards for preparatory training do not yet exist, but in which we are required or requested to make available our services, we shall take reasonable steps to ensure the competence of our work and to protect our clients/patients, students, supervisees, research participants, organizational clients, and others from harm.

COMPETENCIES: A. Boundaries of Competence

• We shall regularly engage in Continuing Professional Development (CPD) activities to ensure our services remain relevant and applicable. As such, the accumulation of a prescribed number or CPD points shall be necessary for the renewal of one’s professional license, as provided in RA 10912. 

• We shall be reasonably familiar with the relevant judicial or administrative rules when assuming forensic roles.

COMPETENCIES: B. Providing Services in Emergencies

• We shall make available our services in emergency situations to individuals for whom the necessary mental health services are not available even if we lack the training appropriate to the case to ensure these individuals are not deprived of the emergency services they require at that time. 

• However, we shall immediately discontinue said services as soon as the emergency has ended, and ensure that appropriate competent services are made available. 

• Once the emergence ends, the relationship ceases. If a more appropriate professional arrives, endorse and make a referral to continue services.

COMPETENCIES: C.  Maintaining Competence

• We shall undertake continuing education and training to ensure our services continue to be relevant and applicable

• Examples of Abuse of Influence

  • Presenting yourself as an expert so that people will believe you.

  • Eg appearing in TV shows even if the topic is not your expertise just to establish your name

COMPETENCIES: D. Delegation of Work to Others

• Avoid delegating such work to persons who have a multiple relationship with those being served that would likely lead to exploitation or loss of objectivity; 

• Authorize only those responsibilities that such persons can be expected to perform competently on the basis of their education, training, or experience, either independently or with the level of supervision being provided; and 

• See that such persons perform these services competently.

COMPETENCIES: E. Personal Problems and Conflicts

• Refrain from initiating an activity when they know or should know that there is a substantial likelihood that their personal problems will prevent them from performing their work-related activities in a competent manner

• When we shall become aware of personal problems that may interfere with performing work-related duties adequately, we shall take appropriate measures, such as obtaining professional consultation or assistance, and determine whether we should limit, suspend, or terminate these work-related duties.

• Eg if you are sick or you need to attend something important, make sure to not push yourself to extent of underperforming

HUMAN RELATIONS: 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.

HUMAN RELATIONS: B. Limitations of Confidentiality

• 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.

• When the therapist believes a client under the age of 18 is the victim of incest, rape, child abuse or some other crime

• When the client needs hospitalization

• When clients request their records be released to them or to a third party

• 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 clients of risks to privacy.

HUMAN RELATIONS: C. Recording

It is our duty to obtain permission from clients or their legal representatives before recording the voices or images of the clients. Before the actual recording, we explain explicitly all anticipated uses of recorded voices or images of the clients.

HUMAN RELATIONS: D. Minimizing Invasions of Privacy

• When we consult cases with our colleagues or make written and oral reports, we only reveal information that is relevant to the purpose for which the communication is made.

• We discuss confidential information we obtained from our work only to persons clearly concerned or only for scientific, medical and professional purposes

HUMAN RELATIONS: E. Disclosures

• We take reasonable steps to ensure that information to be disclosed will not be misused, misunderstood or misinterpreted to infringe on human rights, whether intentionally or unintentionally. 

• We may disclose confidential information only when the client or legal representative gave their consent, unless it is prohibited by law.

• We may disclose confidential information only to the source of referral and with a written permission from the client if it is self-referral.

• We may disclose confidential information without the consent of the client or legal representative only when it is mandated by law or permitted by law for valid purposes

• When confidential information is needed to be shared with institutions, we make sure that only qualified psychologists will supervise such releases.

HUMAN RELATIONS: F. Consultation

• We do not discuss with our colleagues or other professionals confidential information that could lead to the identification of the client, unless the client gave consent or the disclosure cannot be avoided.

• When we seek a second opinion from our colleagues or other professionals, we make sure that the extent to which we disclose information is limited to what is only needed to achieve the purpose.

HUMAN RELATIONS: G. Multiple Relationships

• A multiple relationship occurs when a psychologist is in a professional role with a person and

• At the same time is in another role with the same person

• At the same time is in a relationship with a person closely associated with or related to the person with whom the psychologist has the professional relationship

• Promises to enter into another relationship in the future with the person

ADVERTISING AND OTHER PUBLIC STATEMENTS: A. Avoidance of False or Deceptive Statements

• Psychologists do not make false, deceptive, or fraudulent statements concerning

• Training, experience, or competence,

• Academic degrees

• Credentials

• Institutional or association affiliations

• Services

• Scientific or clinical basis for or results or degree of success of their services

• Fees

• Publications or research findings

ADVERTISING AND OTHER PUBLIC STATEMENTS: B. Public Statements

• In all written or oral communication, we use language that conveys respect for the dignity of others.

• We ensure that we communicate as accurately and objective as possible and we clearly distinguish facts and act quickly to correct any misinterpretation or misconception.

• We clearly state whether we are representing ourselves as private citizens, as members of specific organizations or groups, or as representative of the discipline of psychology. 

• We do not seek personal gain or interest by recommending the purchase or use of any product, activities or service to the general public, especially when participating in commercial announcements

• We do not give degrading comments about others

• We do not claim that our services are of superlative quality or that we give better services than others. 

• Neither do we advertise, claim, or imply the certainty of cure for any conditions to be treated nor the certainty of success of our psychological services. 

• We do not advertise or offer refund of money to dissatisfied users of our psychological services.

ADVERTISING AND OTHER PUBLIC STATEMENTS: C. Workshops, Seminars and Non-Degree-Granting Educational Programs

It is our duty to ensure that our announcements describing workshops accurately describe the audience for which the program is intended, the educational objectives, the presenters, and the fees involved. It is also our duty to ensure that no misrepresentation is made.

ADVERTISING AND OTHER PUBLIC STATEMENTS: D. Media Presentations

• We are cautious when we provide public advice or comment through printed materials, radio or television programs, internet or other electronic transmission to ensure that our statements are:  

• based on our professional knowledge, training or experience in accord with appropriate psychological literature and practice; 

• consistent with this Code of Ethics; 

• not indicative that a professional relationship has been established with the recipient.

ADVERTISING AND OTHER PUBLIC STATEMENTS: E. Testimonials

We do not ask for testimonials from current and past clients, their legal representatives, or other persons, who due to certain situations might be vulnerable to undue influence of our psychological services, activities or programs

RECORD KEEPING AND FEES: A. Documentation and Maintenance of Records

• We create records and data relating to our professional and scientific work in order to 

(1) facilitate provision of services by ourselves or by other professionals, 

(2) allow for replication and evaluation of our research, 

(3) meet institutional requirements, 

(4) ensure accuracy of billing and payments, and 

(5) ensure compliance with relevant laws.

RECORD KEEPING AND FEES: B. Confidentiality of Records

• We maintain confidentiality in creating, storing, accessing, transferring, and disposing of our records in whatever form or media these are encoded and stored.   

• When confidential information is entered into databases or other systems that are available to other people, we use codes and other techniques to avoid the inclusion of any personal identifiers.  

• In the event that we withdraw from a position or practice, we make advanced plans to facilitate the appropriate transfer and to protect the confidentiality of records and data.

RECORD KEEPING AND FEES: C. Withholding Client Records

We may not withhold records that are requested and needed by and for a client’s emergency treatment, solely because payment has not been received.

RECORD KEEPING AND FEES: D. Fees and financial arrangements

We reach an agreement with the recipients of our psychological services specifying compensation and billing arrangements as early as is feasible in the professional relationship. We do not misrepresent our fees

RECORD KEEPING AND FEES: E. Barter with Clients

• Barter is the acceptance of goods, services or other nonmonetary remuneration from clients/patients in return for psychological services. Psychologists may barter only if 

• It is not clinically contraindicated

• The resulting arrangement is not exploitative

ASSESSMENT: 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. Sufficient to substantiate their findings. 

• Psychologists provide opinions of the psychological characteristics of individuals only after they have conducted an examination of the individuals adequate to support their statements or conclusions. 

• 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 reports, we discuss the limitations of our opinions and the basis of our conclusions and recommendations.

ASSESSMENT: B. Use of Assessment

• We use assessment methods that are appropriate to an individual’s language preference and competence, unless the use of an alternative language is relevant to the assessment issues

• If the client is comfortable about language, do not force them to take the exam, unless it is needed (assessing english proficiency is needed for a person non-english speaker)

ASSESSMENT: C. Informed Consent in Assessment

• We gather informed consent prior to the assessment of our clients except for the following instances: 

a. when it is mandated by the law

b. when it is implied such as in routine educational, institutional and organizational activity 

c. when the purpose of the assessment is to determine the individual’s decisional capacity.

• 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. 

• In instances where a third party interpreter is needed, the confidentiality of test results and the security of the tests must be ensured.

ASSESSMENT: D. 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.

ASSESSMENT: E. Obsolete and Outdated Test Results

• We do not base our interpretations, conclusions, and recommendations on outdated test results. 

• We do not provide interpretations, conclusions, and recommendations on the basis of obsolete tests

ASSESSMENT: F. Interpreting Assessment Results

• under no circumstances should we report the test results without taking into consideration the validity, reliability, and appropriateness of the test. 

• 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.

ASSESSMENT: G. 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

• 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.

ASSESSMENT: H. Explaining Assessment Results

• 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.

ASSESSMENT: I. 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: J. 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

ASSESSMENT: K. Test Construction

We develop tests and other assessment tools using current scientific findings and knowledge, appropriate psychometric properties, validation, and standardization procedures.