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Panel
Learning Task 4
EDPS 604
Charlene Assenheimer,
Lindsay Birchall, Andrea Caouette, Karen Chiu
Hearing Tribunal
Exercise
Canadian
Code of
Ethics for
Psychologists
(2000)
General Respect
"I.12 Work and act in a spirit of fair treatment to others."
Consent
"I.20 Obtain informed consent for all research activities that involve obtrusive
measures, invasion of privacy, more than minimal risk of harm, or any
attempt to change the behaviour of research participants.
I.23 Provide, in obtaining informed consent, as much information as
reasonable or prudent persons would want to know before making a
decision or consenting to the activity.
I.24 Ensure the following are understood: purpose and nature of the activity;
mutual responsibilities; confidentiality protections and limitations; likely
benefits and risks; alternatives; the likely consequences of non-action; the
option to refuse or withdraw at any time, without prejudice; over what
period of time the consent applies; and, how to rescind consent if desired."
Freedom of Consent
"I.30 Respect the right of persons to discontinue participation
at any time."
Privacy
"I.40 Respect the right of research participants, employees, supervisees,
students, and trainees to reasonable personal privacy."
Confidentiality
"I.45 Share confidential information with others only with the informed consent of
those involved, or in a manner that the persons involved cannot be identified,
except as required or justified by law, or in circumstances of actual or possible
serious physical harm or death.
I.43 Be careful not to relay information about research participants as psychologists,
that the psychologist has reason to believe is considered confidential by those
persons, except as required or justified by law.
I.44 Clarify what measures will be taken to protect confidentiality, and what
responsibilities family, group, and community members have for the protection
of each others confidentiality, when engaged in or research."
Responsible Caring
"II.3 Accept responsibility for the consequences of their actions.
II.4 Refuse to advise, train, or supply information to anyone who, in the
psychologists judgment, will use the knowledge or skills to harm others."
Maximize Benefit
"II.23 Debrief research participants in such a way that the participants
knowledge is enhanced and the participants have a sense of
contribution to knowledge."
Minimize Harm
"II.30 Be acutely aware of the need for discretion in the recording and
communication of information, in order that the information not be
misinterpreted or misused to the detriment of others. This includes, but is not
limited to: not recording information that could lead to misinterpretation and
misuse; avoiding conjecture; clearly labelling opinion; and, communicating
information in language that can be understood clearly by the recipient of the
information.
II.35 Screen appropriate research participants and select those least likely to be
harmed, if more than minimal risk of harm to some research participants is
possible.
II.36 Act to minimize the impact of their research activities on research
participants personalities, or on their physical or mental integrity."
Correct Harm
"II.44 Debrief research participants in such a way that any harm caused
can be discerned, and act to correct any resultant harm."
Avoidance of Incomplete
Disclosure cont'd
III.28 Act to re-establish with research participants any trust that might have been lost
due to the use of incomplete disclosure or temporarily leading research
participants to believe that the research project or some aspect of it had a different
purpose.
III.29 Give a research participant the option of removing his or her data, if the
research participant expresses concern during the debriefing about the incomplete
disclosure or the temporary leading of the research participant to believe that the
research project or some aspect of it had a different purpose, and if removal of the
data will not compromise the validity of the research design and hence diminish
the ethical value of the participation of the other research participants.
Avoidance of Incomplete
Disclosure Cont'd
"III.30 Seek an independent and adequate ethical review of the risks to public
or individual trust and of safeguards to protect such trust for any research
that plans to provide incomplete disclosure or temporarily lead research
participants to believe that the research project or some aspect of it has a
."
*There was definitely a violation to
public and individual trust, and any
safeguards were not adequate in
protecting the research participants.*
different purpose, before making a decision to proceed
Additional Support
It is true that there are remarkably few cases of
research misconduct. But everyone knows how
damaging even one case can be in terms of public
trust in the research community and of the
impact on the morale of scientists working with or
close to the individual who is guilty of
misconduct.(Medical Research Council, 1998)
Standards of
Practice (2013)College of
Alberta
Psychologists
(CAP) Review
The Health Professionals Act (HAP) requires the College of Alberta Psychologists
Council to adopt standards of practice for the profession. The standards of practice
of the College of Alberta Psychologists are the minimum standards for ethical
behaviour and conduct expected of all regulated members. The standards of practice
address the process of the professional relationship and set the boundaries with
which this relationship should occur. The standards do not speak to, determine, or
dictate professional judgement. A breach of the Standards of Practice may constitute
unprofessional conduct enforceable under the HPA. The College of Alberta
Psychologists offers professional guidance to support members in the application of
the standards of practice.
Competence
Limits on Practice
5.1 A psychologist shall not provide a professional
service or supervision unless the psychologist is
competent through education, training or
experience to provide that professional service.
Maintaining Competence
#5.2 A psychologist shall maintain competence to ensure that the professional
services provided conform to current professional standards.
Adding New Services and Techniques
5.3 A psychologist, when developing competency in a professional service that is new
to the psychologist, shall engage in ongoing consultation with a psychologist or
other professional who has expertise in that area and shall seek appropriate
education, training, and supervision in the new area.
Disguising Personal
Information
Disguising Personal Information
12.18 When a professional report or other personal information is used as the
basis of teaching, research or publication, a psychologist shall prevent
disclosure of individually identifying information.
General
Adhering to Restrictions Imposed by the College of Alberta
Psychologists
17.4 A psychologist shall adhere to restrictions regarding their practice imposed
by the College and report violations of these restrictions to the College.
Canadian
Counseling
Psychological
Association Code
of Ethics (2007)
The CCPA Process of Ethical Decision-Making
#1 Principle-Based Ethical Decision-Making- Step Four
Observational Research
Covert/Deceptive Research
In general, covert research is discouraged in guidelines, although it is recognised that
covert designs are necessary in exceptional cases. One example might be an
observational study in a public setting (and this could include online
environments, such as internet chatrooms), where it would not be feasible to
reveal the nature of your research to everyone in the setting. Another example
might be a study involving deception of participants, where you dont reveal the
true purpose of the study (or reveal it only after the study is completed) (The
Research Ethics Guidebook, July 21, 2013)
Do you have very good reasons not to seek consent?
Would it significantly affect important study findings if participants knew they were
being observed? There is always a risk that people behave differently if they
know they are being observed, but you have to consider whether that risk is
sufficiently important to outweigh the principle that participants have a right to
freely given informed consent (The Research Ethics Guidebook, July 21, 2013)
CCEP (1995)
AVOIDANCE OF DECEPTION
III.23 Not engage in deception in any service activity.
III.24 Not engage in deception in research or the use
of techniques which might be interpreted as deception,
in research or service activities, if there are alternative procedures available
and/or if the negative effects cannot be predicted or offset.
III.25 Not engage in deception in research or the use of techniques which
might be interpreted as deception in research or service activities, if it would
interfere with the individual's understanding of facts which clearly might
influence a decision to give informed consent.
III.26 Use the minimum necessary deception in research or techniques which
might be interpreted as deception in research, or service activities.
Psychologists
Health
Professions Act
(HPA)
Legislation
Review
HPA Part 4 Professional Conduct
54(1) A person who makes a complaint to a complaints
director regarding a regulated member or a former
member must do so in writing and must sign the written
complaint.
Acting on a complaint
55(1) Within 30 days after being given a
complaint or treating information as a
complaint, the complaints director must give
notice to the complainant of the action taken
with respect to it.
Acting on a complaint
55(2) The complaints director
(a) may encourage the complainant and the
investigated person to communicate with
each other and resolve the complaint
(a.1) may, with the consent of the
complainant and the investigated person,
attempt to resolve the complaint
Orders of tribunal
82(1) If the hearing tribunal decides that the
conduct of an investigated person constitutes
unprofessional conduct, the hearing tribunal
may make one or more of the following
orders:
(a) caution the investigated person;
(b) reprimand the investigated person;
Orders of tribunal
82(1)
(f) direct that within the time set by the
order the investigated person must pass a
specific course of study, obtain supervised
practical experience of a type described in the
order or satisfy the hearing tribunal,
committee or individual specified in the order
as to the investigated persons competence
generally or in an area of the practice of the
regulated profession;
Orders of tribunal
82(1)
(k) direct that the investigated person pay
to the college within the time set in the order
a fine not exceeding the amount set out in the
column of the unprofessional conduct fines
table that is specified for the college in a
schedule to this Act for each finding of
unprofessional conduct or the aggregate
amount set out in that column for all of the
findings arising out of the hearing;
Written decision
83 The hearing tribunal must, within a
reasonable time after the conclusion of a
hearing before it, make a written decision on
the matter in which it
(a) describes each finding made by it,
(b) states the reasons for each finding made by
it, and
(c) states any order made under this Part.
Record of Hearing
84(1) The hearing tribunal must forward to the
hearings director
(a) the written decision under section 83, and
(b) the record of the hearing, consisting of all
evidence presented before it, including
(i) the reports, exhibits and documents
presented, and
(ii) a record of the evidence, including all
testimony, however recorded.
Record of Hearing
(2) The hearings director must,
(1), give a copy of the decision to
(a) the complaints director and the registrar,
(b) the complainant,
(c) the investigated person, and
(d) the Minister of Justice and Solicitor
General
Court Appeal
90(1) An investigated person may appeal to the
Court of Appeal any finding, order or direction of
the council under section 89.
(2) An appeal under this section
may be commenced
(a) by filing a notice of appeal with the Court at Edmonton or
Calgary, and
(b) by giving a copy of the notice of appeal to the complaints
director and the complainant within 30 days from the date on
which the decision of the council is given to the investigated
person.
Annual Report
4(1) A college must submit to the Minister an annual report of its activities in a
form acceptable to the Minister that contains the information requested by
the Minister.
Annual Report
(cont.)
4(1) A college must submit to the Minister an annual report of its activities in a form
acceptable to the Minister that contains the information requested by the
Minister, including but not restricted to
(c) a description of and information about the colleges
continuing competence program;
(c.1) a description of and information about inspections under
Part 3.1--The College's Role.
College's Role
3(1) A college
(a) must carry out its activities and govern its regulated
members in a manner that protects and serves the public interest
College's Role
(cont.)
3(1) A college
(c) must establish, maintain and enforce standards for
registration and of continuing competence and standards
of practice of the regulated profession
College's Role
(cont.)
3(1) A college
(d) must establish, maintain and enforce a code of ethics
Researcher must pay back any funding received for research conducted in an
unethical manner.
Provide the participants with a formal debrief session - have students and
parents attend - ensure reinstatement of "trust" occurs
May provide the newspaper with information on informed consent, so they they
have a better understanding of that concept in the future
References
American Psychological Association. (2002). American Psychological Association ethical principles of
psychologists and code of conduct. Retrieved February 9, 2009, from
http://www.apa.org/ethics/code2002.html
Canadian Psychological Association. (2000). Canadian Code of Ethics for Psychologists (3rd ed.). Ottawa,
ON: Author.
Canadian Psychological Association. (1995). Canadian Code of Ethics for Psychologists (2nd ed.). Ottawa,
ON: Author.
College of Alberta Psychologists. (2013). Standards of Practice. Edmonton, AB: Author.
Koocher, G.P. (1977). Bathroom Behavior and Human Dignity (1977). Journal of Personality and Social
Psychology, 35 (2), 120-121. Podcast about this article available at:
http://www.thepsychfiles.com/category/topics/ethical-issues/
Medical Research Council of Canada, Natural Sciences and Engineering Research Council of Canada,
Social Sciences and Humanities Research Council of Canada. (1998).
Tri-Council policy statement: Ethical conduct for research involving humans. Ottawa: Public Works
and Government Services Canada. See Introduction: Context of an ethics framework.
References (cont'd)
Middlemist, R. D., Knowles, E. S. & Matter, C.F. (1976). Personal Space Invasions in the Lavatory:
Suggestive Evidence for Arousal. Journal of Personality and Social Psychology, 33 (5), 541-546.
Middlemist, et al.: Middlemist, R., Knowles, E.S., & Matter, C.F. (1977). What to Do and What to
Report: A Reply to Koocher. Journal of Personality and Social Psychology, 35 (2), 122-124.
Rose Wiles, Sue Heath, Graham Crow & Vikki Charles Informed Consent in Social Research: A
Literature Review ESRC National Centre for Research Methods Review Paper, NCRM/001
(2005)
Spicker, Paul (2007) Research without consent. Social Reserach Update University of Surrey Issue 51
Winter 2007 1-4. available at: http://sru.soc.surrey.ac.uk/SRU51.pdf
The Research Ethics Guidebook-A resource for social scientists (July 21st, 2013)
Retrieved From: http://www.ethicsguidebook.ac.uk/Observation-103