Ethics For New York Mental Health Professionals

Developed by Ofer Zur, Ph.D., Glenn Marks, Ph.D.

Course content available in articles.

This course meets the New York State requirement for all mental health professionals for both ethics and maintaining appropriate professional boundaries. However, for more in-depth study of professional boundaries, we recommend the course in Dual Relationships the Ethical Way.

New York State licensee is responsible for complying with New York State laws, rules and regulations. https://www.op.nysed.gov/professions/psychology/laws-rules-regulations

While ethics forms the foundation of professional activity for mental health providers, important details are too often misunderstood, and risk management concerns override sound clinical judgment. In this intermediate level course, an overview of the most important features of ethical practice is provided, along with a thorough discussion of how conflicting demands influence decision making.

This course is comprised of three parts, each of which contains written text with audio versions. In Part One, a definition of ethics is provided, along with a review of relevant content in its three governing aspects: standards of care, professional associations’ codes of ethics, and Federal and New York State laws. Part Two begins with an overview of current regulations pertaining to engaging in telemental health and segues into a discussion of why ethical conflicts arise, along with guidelines and recommendations in those situations. Part Three contains two brief articles that discuss the nature of dual relations and professional boundaries and describe ethically-sound approaches to engaging in such relationships.

Educational Objectives

This course will teach the participant to

Identify the three fundamental components that define ethical practice
Identify key legal mandates and prohibitions as well as guidelines for mental health providers practicing in the State of New York.
Identify the standards of care that apply to engaging in telemental health both within the State of New York and across state lines.
Discuss ways to engage in dual relationships in an ethically-appropriate manner.

Syllabus

Part One

What Constitutes Professional Ethics
What Do Mental Health Providers in New York State Need to Know
- Standard of care
- Compliance with the standard of care
Ethical Code of APA
- General Principles
- Ethical Standards
Federal Regulations
- HIPAA
  - Privacy Rule
  - Security Rule
  - Breach Notification Rule
- New York State Regulations and Guidelines
  - Privacy Laws
  - Unprofessional Conduct
    - Professional boundaries
    - Dual relationships
    - Sexual relationships
    - Sexual harassment
    - Filing complaints of professional misconduct
  - Court-Ordered Assisted Outpatient Treatment (AOT)
  - Evidence-Based Practice

Part Two

Telemental Health
- Obligations prior to engaging in treatment
- Informed consent
- Privacy
- Practicing across state lines
- Psychology Interjurisdictional Compact (PSYPACT)
Why Do Ethical Issues Arise?
Examples of Ethical Conflicts
- Risk management
- Giving a patient money
- Social media
- Texting
- Self-disclosure
- Notes
Managing ethical conflicts

Part Three

Dual Relations and Professional Boundaries
- What are dual relationships?
- When they are appropriate
- When they are not
- How to evaluate appropriateness of engaging in a dual relationship
- Ethical guidelines
  - To whom is it beneficial
  - Always keep the patient’s needs foremost
  - Documentation
  - Consultation
  - Spotlight on Prevention

NYE102

August 23, 2023

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