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Intentional Ethics
Decision-making, Telehealth and
Social Media
John Gavazzi, PsyD, ABPP
November 2016
Springfield Psychological Association
john.gavazzi@gmail.com @Dr_Gavazzi
www.ethicalpsychology.com
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Learning Objectives
1. List four of the five foundational ethical principles
of all mental health professions.
2. Describe how clinical and ethical decisions are
typically made.
3. Explain the clinical implications of a separated or
assimilated strategy.
4. Write two important components to ethical and
competent telehealth practice.
5. Explain two potential ethical pitfalls when
integrating social media into your practice.
General Outline
• Ethical Principles
• Ethical Acculturation Model
• Ideas about telehealth
• Social media concerns
Participant Safety
• Creating a safe environment
• Avoid the word “unethical”
• We are all learning in this process
• Demonstrate courtesy and respect for others
• We are all fallible
Assumptions in this presentation
• We all have different tolerances, biases, and
methods of making moral and ethical judgments
• We are all subject to biases, heuristics, and
erroneous thought processes. We do not think in
algorithms. We are all human.
• Using the same scenario, we can make clinically
sound and ethically appropriate decisions that differ
from one another. In other words, many times there
are multiple “correct” answers.
Personal moral compass-Knowing the difference
between right and wrong
Emotional responses to dilemmas and actions
Research shows that moral decisions are often rapid,
automatic, internal, affective, and nonconscious
Research shows people judge themselves and others
based on moral characteristics – evolutionary and
social reasons to judge “character”
Morality
Rules of Conduct – Profession/society
More external – Community (of peers) decides what
is appropriate or not
If we know the rules, it is easier to judge others’
actions against standards
Ethics codes can constrain individual choices or
create dilemmas
Ethical decision-making can be more conscious,
more cognitive, and measured externally
Ethics
Principle-Based Ethics
Underlying principles to all
healthcare professions
Autonomy
Beneficence
Nonmaleficence
Fidelity to Relationship
Justice
Principle-Based Ethics
Respect for Autonomy
• Does not mean promoting autonomy
(individuation or separation)
• Means respecting the autonomous decision
making ability of the patient
Autonomy
• It encompasses freedom of thought and action.
• Individuals are at liberty to behave as they
chose.
- Determining goals in therapy
- Making life decisions (e.g., marriage, divorce)
- Scheduling appointments and terminating treatment
Beneficence
• The principle of benefiting others and accepting
the responsibility to do good underlies the
profession.
- Providing the best treatment possible,
including evidence-based techniques
and treatment
- Competency
- Referring when needed
Nonmaleficence
The principle is doing no harm.
- Demonstrating competence
- Maintaining appropriate boundaries
- Not using an experimental technique as the
first line of treatment
- Providing benefits, risks, and costs
Fidelity
This principle refers to being faithful to
commitments. Fidelity includes promise
keeping, trustworthiness, and loyalty.
- Avoiding conflicts of interests that could
compromise therapy
- Keeping information confidential
- Adhering to therapeutic contract (e.g.,
session length, time, phone contacts, etc.)
Justice
Justice primarily refers to treating people fairly
and equally.
In their work-related activities, mental health
professionals do not engage in unfair discrimination
based on age, gender, gender identity, race, ethnicity,
culture, national origin, religion, sexual orientation,
disability, socioeconomic status, or any basis
proscribed by law.
Psychotherapy is inherently a
moral enterprise
- Beneficence
- Of good moral character
- Value-free psychotherapy does not exist
The Acculturation Model
One way of remaining a life-long
learner
Provides another way to discuss ethical
behaviors and decisions
Acculturation
A process to change the cultural behavior of an
individual through contact with another culture.
The process of acculturation occurs when there is
an adaptation into an organization or society.
Ethics Acculturation Model
• An outgrowth of positive ethics that integrates
personal ethics and professional obligations.
• Each mental health profession has a system of
distinctive norms, beliefs, and traditions.
• This set of beliefs is reflected in the respective
ethics codes; especially the overarching ethical
principles.
Acculturation as a Process
• Can be a complex process
• Some parts of a mental health professional’s
practice and lifestyle may be easily
acculturated while others not
• Process that will likely continue throughout
the education or career as a mental health
professional
Ethical Acculturation
Identification with personal value system
(higher vs. lower)
Identification with professional value system
(higher vs. lower)
Acculturation Model of ethical
development
Integration Separation
Assimilation Marginalization
Higher on Professional
Ethics
Higher on Personal
Ethics
Lower on Personal
Ethics
Lower on Professional
Ethics
Marginalized
Matrix: Lower on professional ethics
Lower on personal ethics
Risks: *Greatest risk of harm
*Lack appreciation for ethics
*Motivated by self-interest
*Less concern for patients
Assimilation
Matrix: Higher on professional ethics
Lower on personal ethics
Risks: Developing an overly legalistic
stance
Rigidly conforming to certain
rules while missing broader
issues
Assimilated Strategies
• Assimilated strategy attempts to be prevention
focused
• Assimilated strategies are often “fear based” –
where motive to avoid harming another or
incurring punishment for oneself, causes the
mental health professional to adopt legalistic
stances, which may harm the therapeutic
relationship (e.g., no suicide contract)
Separation
Matrix: Lower on professional ethics
Higher on personal ethics
Risks: Compassion overrides good
professional judgment
Fail to recognize the unique
role of the mental health
professional
Separated Strategies
• Separated strategy attempts to be promotion
focused
• Separated strategies are often “benefits-based”
– where the motive for promoting the well-
being of the patient causes the mental health
professional to be blind to ways that well-
meaning people can cause harm (e.g., loaning
money to patients)
But both biases fail to give adequate
attention or weight to the overarching
ethical principles that guide or need to
guide professional behavior
Problem with both strategies in
terms of ethical and clinical
decision making.
Integrated
Matrix: Higher on professional ethics
Higher on personal ethics
Reward: Implement values in context
of professional roles
Reaching for the ethical
ceiling
Aspirational ethics
Ethical and Clinical Decision-
making
We think like defense attorneys
rather than court justices
Bottom up vs. Top Down
• Identify the competing ethical principles
• Help to determine which principle has
precedence and why
• The importance of emotion in ethical and
clinical decision-making
• Cognitive biases are also important to consider
Important points to remember
In certain situations, we need to
construct or create a solution
instead of looking up the answer
in a sacred treatment text
1. We have to train ourselves to think about
larger ethical principles first
2. We need to have the ability to slow ourselves
down prior to making good, ethical decisions
Why?
Major Point to this Training
There is an intuitive, non-rational
process in ethical decision-making
Why do mental health professionals (still and
continue to) have sex with their patients?
Research shows when emotions
run high, our judgments are
more likely to be extreme than
when our emotions are weak.
As MHPs, we know individuals
reason emotionally.
We, as MHPs, need to pay
attention to our emotions during
ethical & clinical decision-making.
Emotional Components
Negative emotions related to
ethical and moral decision-
making
Positive emotions related to our
good decision-making skills and
ethical knowledge
• Fear
• Anxiety
• Disgust
• Disrespect
• Passion
• Calmness/Centered
• Empathy
• Respect/Sympathy
• Elevation
What can I do?
Independent Actions Help from others
• Self Reflection
• Documentation
• Transparency
• Continuing Education
• Self-care
• Consultation
• Supervision
• Psychotherapy
• Continuing Education
Questions and Answers
On to telehealth
Myths about Telehealth
• There is no research to support its use
• It is too expensive
• There is no insurance reimbursement
• There are no guidelines for telehealth
• It is impractical for individuals to get up and
running
• Telehealth means you have to use electronic
records
Telehealth Statistics
Patient Resistance to Telehealth Services
Telehealth Statistics
Patient Desire for Telehealth Services
• Increased client satisfaction
• Decrease costs with child/elder care
• Decrease travel time
• Improved access to specialists
• Improved attendance
• Potential for faster appointment
• Don’t have to use “sick time”
What are the patient benefits?
• Increased client satisfaction
• Improved attendance (weather, vehicles)
• Greater access to patients (geography)
• Can treat agoraphobic patients
• Potential for increase office efficiency
• Can deal with emergencies more effectively (and get
paid)
What are the benefits to the therapist?
• Need to be competent
• Need to know technology
• Treatment & rules are slightly different
• Higher risk treatment modalities
• Potential for problems can increase
• May need to spend more time with some patients to
get them up to speed with technology
Downsides of Telehealth?
Higher Risk Model
• Patient is at a greater geographic distance from
you.
• The patient lives alone
• You have never met the patient in person
• You and your patient live in different states, one
of which you are not licensed
• You promised treatment without an assessment
Migration Model
• Start with patients you already see in treatment.
• Consider clinical complexity
• If patient is complex and needs twice per week
sessions, consider using one session via
telehealth
• Not every patient is a candidate for telehealth
Migration Model
• Take time to prepare these patients.
• Consider their technological savvy
• Plan regular, in-person sessions as the norm
• Consider patient’s level of social support
• Pick a distance you feel comfortable
Migration Model
• Make sure you are approved by the patient’s
insurance company to provide services
• Make sure you understand the billing codes of
that insurance company before offering
telehealth services.
My Story
• Patients wanted to access teletherapy services
mainly for convenience
• Became approved provider for Highmark (and
now Capital Blue)
• Doxy.me is a free HIPAA-compliant platform
• Used the migration model successfully. One
exception.
Final Thoughts
• Assign a couple of individuals to take additional
training
• Informed Consent is different
• Internet security is important
• Be mindful of interjurisdictional practice
• Competence takes time and practice
Questions and Answers
On to Social Media
The Reality of the 21st Century
• Technology and Social Media have expanded
the ways in which individuals access
professionals and specific forms of
information, including health information.
• Many health professionals are building an
online presence and there are some issues to
contemplate about your online presence.
• It is likely best to align your online presence
with your general professional mission.
Quick exercise to see, literally, who is on
social media in general
Which platforms people are comfortable using
on a professional basis
Some Questions to Contemplate
• Why am I joining social media?
• What do I hope to accomplish?
• What image or brand am I trying to
develop? (if any)
Some Questions to
Contemplate
• How do I plan to develop it?
• What resources do I have, including time,
to invest?
• Do I understand the technology?
At the most basic level, you are trying to
develop a network of online connections in
which you can give and take information, and
possibly rebroadcast it to others.
There are cultural and evolutionary reasons as
to why you want to be social and connect with
others. Just not your patients.
1. Do what you do
best
2. You do not need to
respond
3. Birds of a feather
Don’t try to tell jokes on
SM unless you are a
comedian
Expect a nasty or
unfavorable comment
every now and then
More likely to follow and
connect with others like
you
Basic Heuristics for Social Media
One-Way, Static Forms of Information
• Available 24/7
• Practice Information
▫ Appointments, practice information,
informed consent, HIPAA policy, etc.
• Expert Information
▫ Blog, FB, G+, posts, podcasts, Tweets,
YouTube videos, curating information
Two-Way Communication
• Social Media provides ways to
communicate back to individuals
• Know the technology before you use it.
▫ Facebook: Messenger System
▫ Twitter: Direct Message
▫ Tumblr: Messaging System
▫ LinkedIn: Messaging System
Ethics of Two-Way Communication
• Informed Consent
• When does a person in cyberspace become
a patient?
• HIPAA compliant communication?
• Do you have a social media policy?
Between Session Contacts via SM
• Informed Consent
• HIPAA compliant communication
• Googling or using social media to learn
more about your patients
Good General Heuristic
Keep your personal life separate from your
social life on social media
Avoid boundary crossings
Avoid boundary violations
Boundaries in Cyberspace
• Would you drive past your patient’s house
for any reason?
• Would you go to a patient’s party?
• Would you look into your patient’s
windows?
Possible Reasons for Joining Social
Media
• Altruism
• Ego Needs
• Educating Others
• Developing an Expertise
• Growing a Practice
• Make Money
Questions and Answers
Discussion
Course Evaluations

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Intentional Ethics: Decision-making, Telehealth, and Social Media

  • 1. Intentional Ethics Decision-making, Telehealth and Social Media John Gavazzi, PsyD, ABPP November 2016 Springfield Psychological Association john.gavazzi@gmail.com @Dr_Gavazzi
  • 2. www.ethicalpsychology.com Easy to sign up Easy to follow and FREE • More ethics education • Daily stories on the nexus of healthcare, psychology, morality, philosophy, and public policy. • Daily email, tweet, Tumblr on ethics • Podcasts • Ethics Vignettes • Audio/video files • Articles
  • 3. Learning Objectives 1. List four of the five foundational ethical principles of all mental health professions. 2. Describe how clinical and ethical decisions are typically made. 3. Explain the clinical implications of a separated or assimilated strategy. 4. Write two important components to ethical and competent telehealth practice. 5. Explain two potential ethical pitfalls when integrating social media into your practice.
  • 4.
  • 5. General Outline • Ethical Principles • Ethical Acculturation Model • Ideas about telehealth • Social media concerns
  • 6. Participant Safety • Creating a safe environment • Avoid the word “unethical” • We are all learning in this process • Demonstrate courtesy and respect for others • We are all fallible
  • 7. Assumptions in this presentation • We all have different tolerances, biases, and methods of making moral and ethical judgments • We are all subject to biases, heuristics, and erroneous thought processes. We do not think in algorithms. We are all human. • Using the same scenario, we can make clinically sound and ethically appropriate decisions that differ from one another. In other words, many times there are multiple “correct” answers.
  • 8.
  • 9. Personal moral compass-Knowing the difference between right and wrong Emotional responses to dilemmas and actions Research shows that moral decisions are often rapid, automatic, internal, affective, and nonconscious Research shows people judge themselves and others based on moral characteristics – evolutionary and social reasons to judge “character” Morality
  • 10. Rules of Conduct – Profession/society More external – Community (of peers) decides what is appropriate or not If we know the rules, it is easier to judge others’ actions against standards Ethics codes can constrain individual choices or create dilemmas Ethical decision-making can be more conscious, more cognitive, and measured externally Ethics
  • 11. Principle-Based Ethics Underlying principles to all healthcare professions
  • 13. Respect for Autonomy • Does not mean promoting autonomy (individuation or separation) • Means respecting the autonomous decision making ability of the patient
  • 14. Autonomy • It encompasses freedom of thought and action. • Individuals are at liberty to behave as they chose. - Determining goals in therapy - Making life decisions (e.g., marriage, divorce) - Scheduling appointments and terminating treatment
  • 15. Beneficence • The principle of benefiting others and accepting the responsibility to do good underlies the profession. - Providing the best treatment possible, including evidence-based techniques and treatment - Competency - Referring when needed
  • 16. Nonmaleficence The principle is doing no harm. - Demonstrating competence - Maintaining appropriate boundaries - Not using an experimental technique as the first line of treatment - Providing benefits, risks, and costs
  • 17. Fidelity This principle refers to being faithful to commitments. Fidelity includes promise keeping, trustworthiness, and loyalty. - Avoiding conflicts of interests that could compromise therapy - Keeping information confidential - Adhering to therapeutic contract (e.g., session length, time, phone contacts, etc.)
  • 18. Justice Justice primarily refers to treating people fairly and equally. In their work-related activities, mental health professionals do not engage in unfair discrimination based on age, gender, gender identity, race, ethnicity, culture, national origin, religion, sexual orientation, disability, socioeconomic status, or any basis proscribed by law.
  • 19. Psychotherapy is inherently a moral enterprise - Beneficence - Of good moral character - Value-free psychotherapy does not exist
  • 20. The Acculturation Model One way of remaining a life-long learner Provides another way to discuss ethical behaviors and decisions
  • 21. Acculturation A process to change the cultural behavior of an individual through contact with another culture. The process of acculturation occurs when there is an adaptation into an organization or society.
  • 22. Ethics Acculturation Model • An outgrowth of positive ethics that integrates personal ethics and professional obligations. • Each mental health profession has a system of distinctive norms, beliefs, and traditions. • This set of beliefs is reflected in the respective ethics codes; especially the overarching ethical principles.
  • 23. Acculturation as a Process • Can be a complex process • Some parts of a mental health professional’s practice and lifestyle may be easily acculturated while others not • Process that will likely continue throughout the education or career as a mental health professional
  • 24. Ethical Acculturation Identification with personal value system (higher vs. lower) Identification with professional value system (higher vs. lower)
  • 25. Acculturation Model of ethical development Integration Separation Assimilation Marginalization Higher on Professional Ethics Higher on Personal Ethics Lower on Personal Ethics Lower on Professional Ethics
  • 26. Marginalized Matrix: Lower on professional ethics Lower on personal ethics Risks: *Greatest risk of harm *Lack appreciation for ethics *Motivated by self-interest *Less concern for patients
  • 27. Assimilation Matrix: Higher on professional ethics Lower on personal ethics Risks: Developing an overly legalistic stance Rigidly conforming to certain rules while missing broader issues
  • 28. Assimilated Strategies • Assimilated strategy attempts to be prevention focused • Assimilated strategies are often “fear based” – where motive to avoid harming another or incurring punishment for oneself, causes the mental health professional to adopt legalistic stances, which may harm the therapeutic relationship (e.g., no suicide contract)
  • 29. Separation Matrix: Lower on professional ethics Higher on personal ethics Risks: Compassion overrides good professional judgment Fail to recognize the unique role of the mental health professional
  • 30. Separated Strategies • Separated strategy attempts to be promotion focused • Separated strategies are often “benefits-based” – where the motive for promoting the well- being of the patient causes the mental health professional to be blind to ways that well- meaning people can cause harm (e.g., loaning money to patients)
  • 31. But both biases fail to give adequate attention or weight to the overarching ethical principles that guide or need to guide professional behavior Problem with both strategies in terms of ethical and clinical decision making.
  • 32. Integrated Matrix: Higher on professional ethics Higher on personal ethics Reward: Implement values in context of professional roles Reaching for the ethical ceiling Aspirational ethics
  • 33. Ethical and Clinical Decision- making We think like defense attorneys rather than court justices Bottom up vs. Top Down
  • 34. • Identify the competing ethical principles • Help to determine which principle has precedence and why • The importance of emotion in ethical and clinical decision-making • Cognitive biases are also important to consider Important points to remember
  • 35. In certain situations, we need to construct or create a solution instead of looking up the answer in a sacred treatment text
  • 36. 1. We have to train ourselves to think about larger ethical principles first 2. We need to have the ability to slow ourselves down prior to making good, ethical decisions Why? Major Point to this Training
  • 37. There is an intuitive, non-rational process in ethical decision-making Why do mental health professionals (still and continue to) have sex with their patients?
  • 38. Research shows when emotions run high, our judgments are more likely to be extreme than when our emotions are weak. As MHPs, we know individuals reason emotionally. We, as MHPs, need to pay attention to our emotions during ethical & clinical decision-making.
  • 39.
  • 40. Emotional Components Negative emotions related to ethical and moral decision- making Positive emotions related to our good decision-making skills and ethical knowledge • Fear • Anxiety • Disgust • Disrespect • Passion • Calmness/Centered • Empathy • Respect/Sympathy • Elevation
  • 41. What can I do? Independent Actions Help from others • Self Reflection • Documentation • Transparency • Continuing Education • Self-care • Consultation • Supervision • Psychotherapy • Continuing Education
  • 42.
  • 43. Questions and Answers On to telehealth
  • 44.
  • 45. Myths about Telehealth • There is no research to support its use • It is too expensive • There is no insurance reimbursement • There are no guidelines for telehealth • It is impractical for individuals to get up and running • Telehealth means you have to use electronic records
  • 47. Telehealth Statistics Patient Desire for Telehealth Services
  • 48. • Increased client satisfaction • Decrease costs with child/elder care • Decrease travel time • Improved access to specialists • Improved attendance • Potential for faster appointment • Don’t have to use “sick time” What are the patient benefits?
  • 49. • Increased client satisfaction • Improved attendance (weather, vehicles) • Greater access to patients (geography) • Can treat agoraphobic patients • Potential for increase office efficiency • Can deal with emergencies more effectively (and get paid) What are the benefits to the therapist?
  • 50. • Need to be competent • Need to know technology • Treatment & rules are slightly different • Higher risk treatment modalities • Potential for problems can increase • May need to spend more time with some patients to get them up to speed with technology Downsides of Telehealth?
  • 51. Higher Risk Model • Patient is at a greater geographic distance from you. • The patient lives alone • You have never met the patient in person • You and your patient live in different states, one of which you are not licensed • You promised treatment without an assessment
  • 52. Migration Model • Start with patients you already see in treatment. • Consider clinical complexity • If patient is complex and needs twice per week sessions, consider using one session via telehealth • Not every patient is a candidate for telehealth
  • 53. Migration Model • Take time to prepare these patients. • Consider their technological savvy • Plan regular, in-person sessions as the norm • Consider patient’s level of social support • Pick a distance you feel comfortable
  • 54. Migration Model • Make sure you are approved by the patient’s insurance company to provide services • Make sure you understand the billing codes of that insurance company before offering telehealth services.
  • 55. My Story • Patients wanted to access teletherapy services mainly for convenience • Became approved provider for Highmark (and now Capital Blue) • Doxy.me is a free HIPAA-compliant platform • Used the migration model successfully. One exception.
  • 56. Final Thoughts • Assign a couple of individuals to take additional training • Informed Consent is different • Internet security is important • Be mindful of interjurisdictional practice • Competence takes time and practice
  • 57. Questions and Answers On to Social Media
  • 58. The Reality of the 21st Century • Technology and Social Media have expanded the ways in which individuals access professionals and specific forms of information, including health information. • Many health professionals are building an online presence and there are some issues to contemplate about your online presence. • It is likely best to align your online presence with your general professional mission.
  • 59.
  • 60. Quick exercise to see, literally, who is on social media in general Which platforms people are comfortable using on a professional basis
  • 61.
  • 62. Some Questions to Contemplate • Why am I joining social media? • What do I hope to accomplish? • What image or brand am I trying to develop? (if any)
  • 63. Some Questions to Contemplate • How do I plan to develop it? • What resources do I have, including time, to invest? • Do I understand the technology?
  • 64.
  • 65. At the most basic level, you are trying to develop a network of online connections in which you can give and take information, and possibly rebroadcast it to others. There are cultural and evolutionary reasons as to why you want to be social and connect with others. Just not your patients.
  • 66. 1. Do what you do best 2. You do not need to respond 3. Birds of a feather Don’t try to tell jokes on SM unless you are a comedian Expect a nasty or unfavorable comment every now and then More likely to follow and connect with others like you Basic Heuristics for Social Media
  • 67. One-Way, Static Forms of Information • Available 24/7 • Practice Information ▫ Appointments, practice information, informed consent, HIPAA policy, etc. • Expert Information ▫ Blog, FB, G+, posts, podcasts, Tweets, YouTube videos, curating information
  • 68. Two-Way Communication • Social Media provides ways to communicate back to individuals • Know the technology before you use it. ▫ Facebook: Messenger System ▫ Twitter: Direct Message ▫ Tumblr: Messaging System ▫ LinkedIn: Messaging System
  • 69.
  • 70. Ethics of Two-Way Communication • Informed Consent • When does a person in cyberspace become a patient? • HIPAA compliant communication? • Do you have a social media policy?
  • 71. Between Session Contacts via SM • Informed Consent • HIPAA compliant communication • Googling or using social media to learn more about your patients
  • 72. Good General Heuristic Keep your personal life separate from your social life on social media Avoid boundary crossings Avoid boundary violations
  • 73. Boundaries in Cyberspace • Would you drive past your patient’s house for any reason? • Would you go to a patient’s party? • Would you look into your patient’s windows?
  • 74. Possible Reasons for Joining Social Media • Altruism • Ego Needs • Educating Others • Developing an Expertise • Growing a Practice • Make Money
  • 75.