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Chapter 2

Ethical, Legal, and Professional Issues in Assessment

ACA and APA Code Review

Choosing Appropriate Instruments

Competence

Confidentiality

Cross-cultural Sensitivity

Informed Consent

ACA and APA Code Review

Invasion of Privacy

Proper Diagnosis

Release of Test Data

Test Administration

Test Security

Test Scoring and Interpretation

Ethical Issues in Assessment

Choose appropriate instruments

Test worthiness

Competence

Level A: Tests that can be administered, scored, and interpreted by responsible nonpsychologists

Level B: Tests that require knowledge of construction, use, and appropriate advanced coursework in psychology and related courses

Level C: Tests that require an advanced psychology degree or licensure and advanced training/supervised experience in the particular test

Ethical Issues in Assessment

Confidentiality — When to Break

If a client is in danger of harming himself or herself or someone else

If a client is a minor or is legally incompetent and the law states that parents or guardians have a right to information about that person

If a client asks you to break confidentiality

To defend oneself against charges filed by a client

Ethical Issues in Assessment

Confidentiality — When to Break

If you are asked by the court to break confidentiality and privileged communication does not exist

To reveal information about your client to clerical help, colleagues, or supervisor to benefit the client

When you have a written agreement from your client to reveal information to specified sources

Ethical Issues in Assessment

Cross-cultural sensitivity

Know potential biases of assessment procedures when selecting, administering, and interpreting

Obtain Informed consent

Invasion of privacy

All tests do this

Minimize by obtaining informed consent

Ethical Issues in Assessment

Proper diagnosis

Be aware of repercussions of diagnosis

Release of test data

Only release to individuals who have the right to the data and won’t misuse it

Use signed release form

Test administration

Properly administer as they were standardized

Ethical Issues in Assessment

Test security

Keep integrity of test content

Test scoring and interpretation

When scoring and interpreting, understand limitations of test info

See Appendix A for list of ethical code websites

See Appendix B for Assessment Sections of ACA’s and APA’s Codes of Ethics

Ethical Issues in Assessment

Standards of Qualification of test Users

Responsibilities of Users of Standardized Tests

Standards for Multicultural Assessment

Code of Fair Testing Practices (see Appendix C)

Rights and Responsibilities of Test Takers

Standards for Responsible Testing Practices

Standards for Educational and Psychological Testing

Competencies for testing in School Counseling; Mental Health Counseling; Marriage, Couples, and Family Counseling; Career Counseling, and Substance Abuse Counseling

Standards for Responsible Testing Practices

Moral Model

Autonomy

Beneficence

Nonmalficence

Justice or fairness

Fidelity (trust)

Veracity

Making Ethical Decisions

Corey, et al.’s Problem Solving Model:

Identify problem.

Identify potential issues involved.

Review relevant ethical guidelines.

Know relevant laws and regulations.

Obtain consultation.

Consider possible courses of action.

List consequences of various decisions.

Decide best course of action.

Making Ethical Decisions

Ethical, Moral, and Cognitive Development

Development affects how one makes a decision.

Higher level of development related to more complex ethical decision-making

Making Ethical Decisions

Family Education Rights and Privacy Act (FERPA)

Applies to all schools that receive federal funds

People have right to educational records, including test records

Legal Issues in Assessment

Health Insurance Portability and Accountability Act (HIPAA)

Restricts info shared without client consent

Allows clients access to their records except for process notes used in counseling

Privileged communication laws

Licensed professional has right to keep info confidential

Jaffee v. Redmond

Legal Issues in Assessment

Freedom of Information Act

Allows access to federal records

States have adopted similar laws

Civil Rights Acts (1964 and amendments)

Tests used for employment or promotion must be shown to be suitable and valid for the job in question

Legal Issues in Assessment

Americans with Disabilities Act

Accommodations must be made for individuals with disabilities who take tests for employment

Testing must be relevant to job in question

Legal Issues in Assessment

Individuals with Disabilities Education Act (IDEA)

Children 3 to 21 suspected of having disability must be tested at school’s expense

Child Study Team: Individuals Education Plan (IEP)

Legal Issues in Testing

Section 504 of the Rehabilitation Act

Testing for federally funded programs must be a reflection of individual’s ability, not disability

Carl Perkins Act of 2006

Assures rights of select disenfranchised groups to access vocational assessment, counseling, and placement for “special populations.”

Legal Issues in Testing

ACA

Association for Assessment and Research in Counseling (AARC)

Journals: Measurement and Evaluation in Counseling and Development

Counseling Outcome Research and Evaluation

Professional Issues: Associations

APA

Division 5: Evaluation, Measurement, and Statistics

Journals:

Psychological Assessment

Psychological Methods

Professional Issues: Associations

Professional organizations create curriculum standards to ensure adequate training in assessment.

Organizations that create curriculum standards:

American Psychological Association

National Association of School Psychologists

Council for the Accreditation of Counseling and Related Educational Programs (CACREP)

Professional Issues: Accreditation

Addresses need of accurate assessments for courts

Forensic psychologists and forensic evaluators credentialing:

Counselors and Social Workers:

Certification through National Board of Forensic Evaluators (NBFE)

Psychologists:

Board Certified in Forensic Psychology through the Am. Board for Forensic Psychology

Professional Issue: Forensic Evaluations

Avoid using one test score in making decisions

Remember: Individual's motivation, intention, and focus will affect scores

Assessment is not a static process — ongoing

People do change!

Professional Issue: Assessment as Holistic Process

Examine quality and usefulness of assessment instruments

Remember following points:

Assume that all tests hold some bias.

Be in touch with your own biases and prejudices.

Only use tests that have been shown to be constructed using sound research procedures.

Only use tests that have good validity and reliability.

Professional Issue: Cross-Cultural Issues in Assessment

Know there are times when it is appropriate to test and times when it is not.

Know how to choose good tests that are relevant to the situation at hand.

Know how to administer, score, and interpret tests within the cultural context of the client.

View assessment as a holistic process

Professional Issue: Cross-Cultural Issues in Assessment

Know and consider the implications that testing may have for the client.

Advocate for clients when tests are shown to be biased.

Treat people humanely during the assessment process.

Professional Issue: Cross- Cultural Issues in Assessment

If you have an aversion to assessment procedures, and you act on it, then you are not being fair to your clients.

If clients are to get the most out of counseling, all avenues to increase self-knowledge should be made available to them (including assessment).

Embracing Testing and Assessment Procedures