Chapter 510-5 SUPPLEMENTAL CODE OF CONDUCT
(1) |
Licensure by the State of Georgia
mandates compliance with the Code of Ethics1 and the
Supplemental Code of Conduct delineated in Chapters 510-4 and 510-5
respectively. |
(2) |
This Code of
Ethics and Supplemental Code of Conduct constitutes the standards against which
the required professional conduct of a psychologist is measured. Psychologists
shall be governed by the rules delineated in this Code of Ethics and
Supplemental Code of Conduct whenever they provide psychological services in
any context. These codes shall apply to the conduct of all licensees and
applicants, including the applicant's conduct during the period of education,
training, and employment which is required for licensure; the term
"psychologist," as used within these codes, shall be interpreted accordingly. A
violation of this Code of Ethics and Supplemental Code of Conduct constitutes
unprofessional conduct and may constitute sufficient grounds for disciplinary
action, or for denial of licensure. |
(1) |
Patient or
Client. The term clients/patients may be defined through the following roles:
(a) |
a recipient of psychological
services, |
(b) |
a corporate entity or
other organization when the professional contract is to provide services of
benefit primarily to the organization rather than to individuals unless the
contract specifies otherwise, |
(c) |
individuals including minors and legally incompetent adults who have legal
guardians. The legal guardian shall be the client for decision-making purposes,
except that the individual receiving services shall be the patient or client
for:
1. |
Issues directly affecting the physical
or emotional safety of the individual, such as sexual or other exploitative
dual relationships; and |
2. |
Issues
specifically reserved to the individual, and agreed to by the guardian prior to
rendering of services, such as confidential communication in a therapy
relationship. |
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(2) |
Student. Students are individuals
matriculating in a predoctoral training program or internship. |
(3) |
Confidential Information. Confidential
information refers to information for which a psychologist or other health
professional is ethically obligated not to disclose without client permission.
This standard is protected by state statute except when compelled to disclose
as a result of a court order.
(a) |
When a
corporation or other organization is the client, rules of confidentiality apply
to information pertaining to the organization, including personal information
about individuals when such information is obtained in the proper course of
that contract. Such information about individuals is subject to confidential
control of the organization, not of the individual, and can be made available
to the organization, unless there is an understanding between the psychologist
and such individual that such information was obtained in a separate
professional relationship with that individual and is, therefore, subject to
confidentiality requirements in itself. |
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(4) |
Court Order. A court order is an action
taken by a judge that compels disclosure unless appealed, in contrast to a
subpoena which compels only a response and may be issued by an
attorney. |
(5) |
Professional
Relationship. A professional relationship is a mutually agreed upon
relationship between a psychologist and patients, clients, students,
supervisees, or employees. The professional relationship status is not
contingent upon nor defined by a payment transaction. |
(6) |
Psychological Services are all actions of
psychologists in the context of a professional relationship with
client/patients, students, supervisees, or employees. |
(7) |
Supervisee. Supervisees are individuals
who are not authorized or licensed to practice psychology independently and who
function under the extended authority of the psychologist, the internship/SWE
supervisor or secondary supervisor in the provision of psychological services.
Supervisees are individuals who are either:
(a) |
employees of the supervisor, |
(b) |
employed by the supervisor's employer,
or |
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(8) |
Supervisor. Supervisors are
psychologists who have responsibility for the professional activities of
individuals who are supervisees. |
(9) |
Telepsychology. The provision of
psychological services using telecommunication technologies. Telecommunication
technologies include but are not limited to telephone, mobile devices,
interactive videoconferencing, e-mail, chat, text, and Internet (e.g. self-help
websites, blogs, and social media). |
(1) |
Scope of
Practice. Psychologists who intend to or begin to practice in areas
outside of their educational, internship, or SWE experiences must obtain
sufficient training in those areas to insure their competence. When
psychologists are developing competency in a service or technique that is
either new to the psychologist or new to the profession, they shall engage in
ongoing consultation with other psychologists or relevant professionals and
shall seek and obtain appropriate education and training in the new
area. |
(2) |
Maintaining
Competency. Psychologists shall maintain current competency in their
areas of practice, through continuing education, consultation, and/or other
procedures, in conformance with current standards of scientific or professional
knowledge. |
(1) |
Records include information that may be
used to document the nature, delivery, progress, and results of psychological
services. The psychologist who renders professional services shall maintain
records that include the following:
(a) |
Records of psychological services include:
1. |
identifying data (e.g., name, client ID number); |
2. |
contact information (e.g., phone number,
address, emergency contact); |
3. |
fees and billing information; |
4. |
where appropriate, guardianship or conservatorship status; |
5. |
documentation of informed consent or
assent for treatment (Ethics Code 3.10); |
6. |
documentation of waivers of
confidentiality and authorization or consent for release of information (Ethics
Code 4.05); |
7. |
documentation of any
mandated disclosure of confidential information (e.g., report of child abuse,
release secondary to a court order); |
8. |
complaint, diagnosis, or basis for request
for services; |
9. |
plan for services,
updated as appropriate (e.g., treatment plan, supervision plan, intervention
schedule, community interventions, consultation contracts); |
10. |
relevant health and developmental
history; |
11. |
date of service and
duration of session; |
12. |
types of
services (e.g., consultation, assessment, treatment, training); |
13. |
nature of professional intervention or
contact (e.g., type of treatment, referral, letters, e-mail, phone
contacts); |
14. |
formal or informal
assessment of client status. |
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(2) |
Psychologists are aware of relevant
federal state and local laws and regulations governing records. Laws and
regulations supersede requirement of these rules. In the absence of such laws
and regulations, psychologists maintain complete records for seven years after
the last date of service delivery for adults. If the client is a minor, the
record period is extended until three years after the age of majority, or at
least for seven years after the last date of service delivery, whichever is
later. |
(3) |
The psychologist shall
store and dispose of written, electronic, and other records of patients and
clients in such a manner as to ensure their confidentiality. |
(1) |
The
psychologist shall not undertake or continue a professional relationship with a
client when the psychologist is, or could reasonably be expected by the Board
to be, impaired due to mental, emotional, physiological, pharmacological, or
substance abuse conditions. If such a condition develops after a professional
relationship has been initiated, the psychologist shall terminate the
relationship in an appropriate manner, shall notify the patient or client in
writing of the termination, and shall assist the patient or client in obtaining
services from another professional. |
(2) |
Reporting Procedures and
Investigation. The Board provides the following mechanism for the
identification, intervention, and referral for treatment of a licensed
psychologist or applicant who may be identified as impaired:
(a) |
A written statement shall be submitted to
the Board. The statement should include a description of the incidents which
led to the belief that the said licensee or applicant may be impaired. The
individual making the report/complaint does not need to have proof of the
impairment, but must state the facts which form the basis for their belief that
the individual is impaired. |
(b) |
If,
after investigation of the complaint, the Board has reasonable grounds to
believe that the individual may be impaired, the Board may do any or all of the
following:
1. |
The Board may require a
licensee or applicant to submit to a mental, physical, or mental and physical
examination by an appropriate licensed practitioner designated by the
Board. |
2. |
The Board may require a
licensee or applicant to produce or authorize the Board to obtain, any and all
records relating to the alleged incapacitating mental and/or physical
condition, including that individual's personal psychiatric and psychological
records. |
3. |
The Board may refer
said licensee or applicant to an Impaired Colleague Assistance Program to
establish a diagnosis, a plan of treatment, and to determine a
prognosis. |
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(c) |
If
sufficient evidence supports the diagnosis of impairment, the Board will inform
the licensee or applicant of its belief that the licensee or applicant suffers
from an impairment which may effect his or her care of clients and/or the
ability to provide appropriate psychological services. Depending upon the
severity of the problem and the prognosis, the Board may require the licensee
or applicant to undertake a rehabilitation program recommended and monitored by
a Colleague Assistance Program approved by the Board, and may impose
appropriate restrictions on the licensee's or applicant's practice. |
(d) |
If, at any point during the process of
evaluation or rehabilitation, the licensee or applicant refuses/fails to comply
with this procedure, such conduct may constitute the basis for the imposition
of disciplinary sanctions. |
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(1) |
Consultations and Referrals.
(a) |
Psychologists arrange for appropriate
consultations and referrals based principally on the best interests of their
client/patients, with appropriate consent, and subject to other relevant
considerations, including applicable law and contractual obligations. |
(b) |
Psychologists' referral practices are
consistent with law. |
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(2) |
Continuity of Care.
(a) |
Psychologists shall make arrangements for another appropriate professional or
professionals to deal with the emergency needs of his/her patients or clients,
as appropriate, during periods of foreseeable absence from professional
availability, unless section 10.10 of the Code of Ethics is
applicable. |
(b) |
Psychologists make
reasonable efforts to plan for continuity of care in the event that
psychological services are interrupted by factors such as the psychologist's
illness, death, unavailability or by the client/patient's relocation or
financial limitations. |
(c) |
Confidentiality After Termination of Professional Relationship.
Psychologists shall continue to treat as confidential, information regarding
client/patients after the professional relationship between the psychologist
and the client/patient has ceased. |
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(3) |
Delegation to and Supervision of
Supervisees of Psychological Services.
(a) |
Psychologists shall not delegate
professional responsibilities to a person who is not qualified to provide such
services. Psychologists delegate to supervisees, with the appropriate level of
supervision, only those responsibilities that such persons can reasonably be
expected to perform competently and ethically based on the supervisee's
education, training, and experience. |
(b) |
Psychologists shall not delegate
responsibilities or accept supervisory responsibilities for work which they are
not qualified and personally competent to perform. Psychologists must retain
full, complete, and ultimate authority and responsibility for the professional
acts of supervisees. |
(c) |
The
supervisee must have appropriate education and training, including training in
ethical issues, to perform the delegated functions. The psychologist is
responsible for determining the competency of the supervisee and will not
assign or allow the supervisee to undertake tasks beyond the scope of the
supervisee's training and/or competency. The psychologist is also responsible
for providing the supervisee with specific instructions regarding the limits of
his/her role as supervisee. |
(d) |
The
supervisee must fully inform the patient or client receiving services of his or
her role as supervisee and the right of the patient or client to confer with
the supervising psychologist with regard to any aspect of the services, care,
treatment, evaluation, or tests being performed. |
(e) |
When clinical psychological services are
rendered, the psychologist must take part in the intake process, must
personally make the diagnosis when a diagnosis is required, and must personally
approve and co-sign a treatment plan for each patient or client. The
psychologist must meet personally with the supervisee on a continuous and
regular basis concerning each patient or client and must review the treatment
record, including progress notes, on a regular basis as appropriate to the
task(s). The psychologist must provide a minimum of one hour of
supervision for every 20 hours of face-to-face clinical contact. The
psychologist shall not take primary supervisory responsibility for more than
three supervisees engaged in psychological services concurrently without Board
approval. |
(f) |
The selection and
interpretation of psychological tests shall only be made by the psychologist.
The psychologist must personally interview the patient when a diagnosis is made
or is requested. In any written report, including psychological evaluations,
the psychologist must approve and sign the report. When the supervisee does not
participate in the actual writing of a report, but does administer and/or score
psychological tests, the supervisee is not required to sign the report, but his
or her name must be listed as the person who participated in the collection of
the data in the report. When the supervisee personally participates in the
writing of any report, then both the psychologist and the supervisee must sign
the report. |
(g) |
When the delegation
and supervision of psychological services is being conducted for training
purposes towards licensure, psychologists must comply with the Rules regarding
internships, fellowships and/or postdoctoral supervised work
experience. |
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(1) |
Possession of License. The
psychologist must possess a current, valid, Georgia license to practice
psychology. |
(2) |
Practicing
via Electronic Transmission. The provision of psychological services by
electronic transmission (e.g. internet, telephone, computer.) must meet the
same legal and ethical standards as psychological services provided in person.
This rule applies to both psychologists who are licensed in Georgia and to
other psychologists residing elsewhere who are providing psychological services
to clients/patients in Georgia who must meet the requirements of section
510-9-.03. The Georgia Board will report out of state psychologists to their
respective licensing boards for practicing psychology via these means in the
state of Georgia without a Georgia license. |
(3) |
Psychologists do not exploit recipients
of services or payers with respect to fees. |
(4) |
Telepsychology Practice.
(a) |
Competence:
1. |
Psychologist assume responsibility to
continually assess both their professional and technical competence when
providing telepsychology services. Psychologists have read and are regulated by
the Georgia State Board of Examiners of Psychologists rules for the practice of
Telepsychology. |
2. |
Psychologists
are encouraged to examine the available evidence to determine whether specific
telecommunication technologies are suitable for a client/patient, based on the
current literature available, current outcomes research, best practice
guidance, and client/patient preference.
(i) |
Psychologists understand the need to consider their client/patient's ability to
engage in and fully understand the risks and benefits of the proposed
intervention utilizing specific technologies. |
(ii) |
Psychologists understand the manner in
which cultural, linguistic, socioeconomic, and other individual characteristics
(e.g. medical status, psychiatric stability, physical/cognitive disability,
personal preferences) may impact effective use of telecommunication
technologies in service delivery. |
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3. |
Psychologists identify and learn how to
access relevant and appropriate emergency resources in the client/patients'
local area such as emergency response contacts. |
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(b) |
Standards of Care in Telepsychology
Services:
1. |
Psychologists delivering
telepsychology services apply the same ethical and professional standards of
care and practice that are required when providing in -person psychological
services. |
2. |
Psychologists who are
providing telepsychology services conduct an initial assessment to determine
the appropriateness of the telepsychology service to be provided for the
client/patient which includes the examination of potential risks and benefits
for the client/patients' particular needs, the multicultural and ethical issues
that may arise, and a review of the most appropriate medium (e.g., video
teleconference, text, e-mail). |
3. |
Psychologist are aware of such other factors as geographic location,
technological competence, diagnosis, use of substances, treatment history, and
therapeutic needs relevant to appropriateness of telepsychology
services. |
4. |
Psychologists
communicate any risks and benefits of the telepsychology services in relation
to in-person services. |
5. |
Psychologists assess carefully the remote environment in which services will be
provided to determine what impact there might be on efficacy, privacy, or
safety of the proposed intervention. |
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(c) |
Informed Consent:
1. |
Psychologists make efforts to offer a
clear description of those telepsychology services they provide and they seek
to obtain and document informed consent. |
2. |
Psychologists document written informed
consent from their clients/patients that specifically addresses the unique
concerns relevant to services. |
3. |
Psychologists make an effort to use language that is understandable by their
clients/patients and to be aware of cultural linguistic and other
issues. |
4. |
Psychologists discuss
the billing documents with client/patients. |
5. |
Psychologists include in the informed
consent the manner in which telecommunication will be used and the boundaries
they will establish, and the procedures for responding to electronic
communications. |
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(d) |
Confidentiality of Data and Information:
1. |
Psychologists protect and maintain the
confidentiality of the data and information relating to their clients/patients
and inform them of the potentially increased risks of loss of confidentiality
inherent in the use of the telecommunication technologies. |
2. |
Psychologists become knowledgeable about
the potential risks to confidentiality before utilizing such
technologies. |
3. |
Psychologists
understand and inform their clients /patients of the limits to confidentiality
and the risks of possible access to or disclosure of confidential data and
information. |
4. |
Psychologists are
cognizant of the ethical and practical implications of researching online
personal information about their clients/patients. |
5. |
Psychologists who use social networking
sites for both personal and professional purposes educate themselves about the
potential risks to privacy and confidentiality and to utilize available privacy
settings to reduce these risks. |
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(e) |
Security and Transmission of Data
and Information:
1. |
Psychologists take
reasonable steps to ensure that security measures are in place to protect data
and information related to their clients/patients from unintended access or
disclosure. |
2. |
When keeping records
of e-mail, online messaging, and other work using telecommunication
technologies, psychologists are cognizant that preserving the actual
communication may be preferable to summarization. |
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(f) |
Disposal of Data and Information
and Technologies:
1. |
Psychologists make
reasonable efforts to dispose of data and information and the technologies used
in a manner that facilitates protection from unauthorized access and accounts
for safe and appropriate disposal. |
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(g) |
Testing and Assessment:
1. |
Psychologists are knowledgeable about the
unique impact of tests, their suitability for diverse populations, and the
limitations on test administration and on test and other data interpretations
when these psychological tests and other assessment procedures are conducted
via telepsychology. |
2. |
Psychologists strive to maintain the integrity of the application of the
testing and assessment process and procedures when using telecommunication
technologies. |
3. |
When a
psychological test or other assessment procedure is conducted via
telepsychology, psychologists are encouraged to ensure that the integrity of
the psychometric properties of the test or assessment procedure and the
conditions of administration indicated in the test manual are preserved when
adapted for use with such technologies. |
4. |
Psychologists are cognizant of the
specific issues that may arise with diverse populations when providing
telepsychology and to make appropriate arrangements to address those concerns
(e.g., language or cultural issues, cognitive, physical, or sensory skills or
impairments, or age may impact assessment). |
5. |
Psychologies use test norms derived from
telecommunication technologies administration if such are available. |
6. |
Psychologists recognize the potential
limitations of all assessment processes conducted via telepsychology and to be
ready to address the limitations and potential impact of those
procedures. |
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(1) |
Psychologists' forensic assessment, recommendations, and reports are based on
information and techniques (including personal interviews of the individual,
when appropriate) sufficient to provide appropriate substantiation for his/her
findings. |
(2) |
Psychologists provide
written or oral forensic reports or testimony of the psychological
characteristics of an individual only after they have conducted an examination
of the individual adequate to support his/her statements or conclusions.
Provided, however, that when, despite reasonable efforts, such
an examination is not feasible, psychologists clarify the impact of his/her
limited information on the reliability and validity of his/her reports and
testimony, and they appropriately limit the nature and extent of his/her
conclusions or recommendations.
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(3) |
In forensic testimony and reports,
psychologists testify truthfully, honestly, and candidly and, consistent with
applicable legal procedures, describe fairly the basis for his/her testimony
and conclusions. |
(4) |
Whenever
necessary, psychologists acknowledge the limits of his/her data or
conclusions. |
(5) |
In most
circumstances, psychologists avoid performing multiple and potentially
conflicting roles in forensic matters. When psychologists, may be called on to
service in more than one role in a legal proceeding (for example, as consultant
or expert for one party or for the court and as a fact witness) they clarify
role expectations and the extent of confidentiality in advance to the extent
feasible, and thereafter, as changes occur, in order to avoid compromising
his/her professional judgment and objectivity, and in order to avoid misleading
others regarding his/her role. |
(6) |
When a judge authorizes an order for a psychologist to conduct a psychological
custody evaluation of a family, the court appointed psychologist shall not be
subject to disciplinary action resulting from any act or failure to act in the
performance of his or her duties unless such act or failure to act was found in
bad faith by the judge (see O.C.G.A. § 19-9-3).
If found in bad faith by the judge the following is considered by the Board in
deciding whether or not a rule violation has occurred: The definition of
"working in good faith" shall be based on compliance with the APA's 2010
"Guidelines for Child Custody Evaluations in Family Law Proceedings." Any Board
filed complaint that alleges misconduct by a psychologist acting as a
court-appointed custody expert must cite a specific breach of the APA's
guidelines before any action is taken against the psychologist. |
(1) |
Violation of Applicable Statutes. The psychologist shall not
violate any applicable statute or administrative rule regulating the practice
of psychology.
(a) |
Psychologists have an
obligation to be familiar with these codes, other applicable ethics codes, and
their application to psychologists' work. Lack of awareness or misunderstanding
of a standard is not itself a defense to a charge of unprofessional
conduct. |
(b) |
When a psychologist is
uncertain whether a particular situation or course of action would violate
these codes, the psychologist shall consult with other psychologists who are
knowledgeable about ethical issues, with state or national psychology ethics
committees, or with other appropriate authorities, in order to choose a proper
response or course of action. |
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(2) |
Use of Fraud, Misrepresentation or
Deception. The psychologist shall not use fraud, misrepresentation, or
deception in obtaining a psychology license, in passing a psychology licensing
examination, in assisting another to obtain a psychology license or to pass a
psychology licensing examination, in billing clients or third party payers, in
providing psychological services, in reporting the results of psychological
evaluations or services, or in conducting any other activity related to the
practice of psychology. |
(1) |
Providing Supervision.
(a) |
The
psychologist shall exercise appropriate supervision over the supervisee, as set
forth in the rules and regulations of the Board. |
(b) |
A person licensed under this chapter may
not supervise or employ as an assistant, or in any other capacity, an
individual who has:
1. |
voluntarily
surrendered his/her license to practice psychology in this or any other
state; |
2. |
been disciplined by this
Board pursuant to O.C.G.A. Sec.
43-1-19
and/or 43-39-13; |
3. |
been
disciplined by any other lawful licensing authority; or |
4. |
been convicted of a felony, and/or is
under criminal probation. |
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(c) |
Rule 510-5-.10(1)(b) may be waived or
modified by the Board, in its discretion, upon a showing of extraordinary
circumstances. |
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(2) |
Psychologists shall cooperate in national investigations, proceedings, and
resulting requirements of the Board or any affiliated state or national
psychological associations to which they belong. In doing so, they make
reasonable efforts to resolve any issues as to confidentiality. Failure to
cooperate is itself a violation. |
(3) |
Psychologists do not file or encourage
the filing of complaints that are frivolous or maliciously intended. |
A Psychologist shall report within thirty (30) days to the
Board:
(a) |
Any sanctions or
disciplinary actions by any other lawful authorities. |
(b) |
Any voluntary surrender of his/her
license to practice psychology in another state. |