At PsychLaw.net we emphasize that the current 2008 Code of Ethics of the National Association of Social Workers clearly prohibits social workers from practicing outside their area of competence. In particular, Standard 1.04 (a), addressing “Competence,” states:
“Social workers should provide services and represent themselves as competent only within the boundaries of their education, training, license, certification, consultation received, supervised experience, or other relevant professional experience.”[1]
Similarly, the current 2012 Code of Ethics of the American Association for Marriage and Family Therapy prohibits marriage and family therapists from practicing outside their area of competence. In particular, Standard 3.6, addressing “Professional Competence and Integrity,” states:
“Marriage and family therapists do not diagnose, treat, or advise on problems outside the recognized boundaries of their competence.”[2]
Relatedly, the 1981 “Principles of Medical Ethics with Annotations Especially Applicable to Psychiatry” clearly prohibit psychiatrists from practicing outside their area of competence. In particular, Section 2.3 of these principles state:
“A psychiatrist who regularly practices outside his/her area of professional competence should be considered unethical. Determination of professional competence should be made by peer review boards or other appropriate bodies.”[3]
Cross‑Examining Non‑Psychologists Regarding Psychological Testing
- Your profession’s ethical code clearly prohibits you from practicing outside your area of competence ‑‑ Correct?
- Your license [or certification] in this state does not define psychological testing as falling within your scope of practice ‑‑ Correct?
- And we have already established that you are not familiar with many fundamental concepts related to psychological testing ‑‑ Correct? (referring to the cross‑examination questions found in Section B of this chapter).
- Therefore, you are obligated to acknowledge that your reliance on psychological tests in this case amounts to your practicing outside your area of competence ‑‑ Correct?
Examiner Influences
At PsychLaw.net we emphasize that unlike most diagnostic procedures in medicine, the results of psychological testing can be substantially influenced by the psychologist who obtains them. This is particularly so for the “subjective” psychological tests discussed in the next chapter, but it can apply to “objective” measures as well. For example, the expectations of psychologists can alter how they administer and score intelligence tests.[4] Examiners who think they are testing intellectually bright subjects assign them higher IQ scores in contrast to subjects they think are dull.[5] Performance on the Rorschach technique varies considerably according to whether patients take it from their own therapist or another psychologist.[6] At PsychLaw.net we note that this research indicates that the data obtained from most psychological tests might be quite different if another psychologist did the testing. More about the Rorschach in Other posts.
Cross‑Examination Regarding Examiner Influences
- The results of psychological tests can be influenced by the examiners who administer them ‑‑ Correct?
- Would it surprise you to know[7] that examiners who mistakenly think they are testing intellectually bright subjects assign them artificially high IQ scores?
- And would it surprise you to know that examiners who mistakenly think they are testing dull subjects assign them artificially low IQ scores?
- And results on the Rorschach test can be influenced by who administers the test ‑‑ Correct?
- Therefore, if another psychologist did the psychological testing in this case, the obtained scores could be different ‑‑ Correct?
Footnotes:
[1]. National Association of Social Workers (2008). Code of ethics. Washington, DC: Author.
[2]. American Association for Marriage and Family Therapy (2012). AAMFT code of ethics. Washington, DC: Author.
[3]. American Psychiatric Association Ethics Committee (1981). Principles of Medical Ethics with Annotations Especially Applicable to Psychiatry. Washington, DC: Author.
[4]. Rosenthal, R. (1966). Experimenter effects on behavioral research. New York: Appleton, Century, Croft.
[5]. Schroeder, H.E. & Klieinsasser, I.D. (1972). Examiner bias: A determinant of children’s verbal behavior on the WISC. Journal of Consulting and Clinical Psychology 4 39, 451-454.
[6]. Exner, J.E. Jr. (1978). The Rorschach comprehensive system, Volume 2: Current research and advanced interpretation. New. York: John Wiley.
[7]. In our proposed cross examination questions, we will occasionally illustrate the “would it surprise you to know….” technique. Please see our Workbook for additional learned treatise tactics.