3/31/2015
Ethics for LEPs:
Where’s the App for That?
Presented by Beth Laurie
Licensed Educational Psychologist
CASP Spring Institute 2015
What will be covered?
O Definition of Licensed Educational Psychologist
O Licensing Requirements and Process
O Owning and operating a Private Practice
O Ethical Codes Pertaining to LEPs
O DSM-V vs. CA Ed. Code
O Dilemmas- Ethical Decision Making
How many of us are there?
(Hint: We are seriously outnumbered!)
Licensee and Registrant Statistics
These statistics reflect the number of valid licenses and registrants with the Board as of March, 2015.
License Type
Total Number
Associate Clinical Social Worker (ASW)
14,084
MFT Interns (IMF)
19,273
Licensed Clinical Social Workers (LCSW)
22,454
Licensed Educational Psychologists (LEP) 2,120
Licensed Marriage and Family Therapists (LMFT) 37,661
Licensed Professional Clinical Counselor (LPCC)
1,244
Professional Clinical Counselor Interns (PCCI)
1,037
Registered Continuing Education Providers (PCE) 2,613
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# of PPS Providers Serving in
Public Schools
20132013-2014
School Counselors
School Social Workers
School Nurses
Librarian/Media
Speech/Language/Hearing
School Psychologists
7,748
443
2362
820
5137
4932
Source: CA Department of Education DataQuest
http://dq.cde.ca.gov/dataquest/PuplSvs1.asp?cYear=201314&cChoice=PupilSvcs
Who’s Here?
How many do NOT yet have LEP?
Years as School Psych?
O Less than 3?
O 3-10 years?
O More than 10 years?
How many DO have your LEP?
O Less than 3 years with LEP?
O 3-10 years as an LEP?
O More than 10 years as LEP?
How many in Private Practice?
O Part-time?
O Full-time?
Survey Says…
(CASP Survey August 2014)
304 LEPs responded
O 32% 1-5 years
O 27% 6-10 years
O 40% 11+ years
O 59% are ages 50+
O 37% in private practice & school psych
O 36% currently in private practice
O 50% use their license
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Non-LEP Survey…
(CASP Survey August 2014)
210 Respondents
O 41% ages 36-49
O 40% ages 50+
O 16% ages 29-35
O 4% ages 22-28
93% have considered applying for LEP but haven’t because…
O 27% don’t believe it will enhance salary
O 25% other
O 22% cannot find a study guide
O 20% too expensive
O 17% do not see the need
O 13% do not yet have the years experience required
O 12% feel they have a job and don’t need another
O 9% don’t want to do the 36 CEU hours required every two years
O 7% could not fill requirements
O 4% waiting to get closer to retirement age
Let’s look me up…
License Number: 2764
Name:
LAURIE, ELIZABETH ANN
License Type:
Licensed Educational
Psychologist
License Status:
License Renewed & Current
Expiration Date:
05/31/2016
Original Issuance Date:
03/04/2005
The address you use for your license is
public information
(So if you don’t want the address of your residence to be out there, get a P.O. Box)
Address of Record
PO BOX 90737
SANTA BARBARA , CA
SANTA BARBARA
931909998
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And any disciplinary action…
Public Record Actions
Administrative Disciplinary Actions
None found
Court Order
Misdemeanor Conviction
Felony Conviction
Malpractice Judgment
None found
None found
None found
None found
License Issued with Public Letter of Reprimand
None found
Administrative Citation Issued
None found
Administrative Action Taken by Other State or Federal Government
None found
Arbitration Award
None found
Discussion- School Psych/LEP
What’s the difference?
Pros?
Cons?
What is a School Psychologist?
California Education Code, Section 44266 and Title 5, California Code of
Regulations, Sections 80049-80049.1 and 80632-80632.5
SCHOOL PSYCHOLOGY
The specialization in School Psychology authorizes the holder to perform the
following duties:
Provide services that enhance academic performance
Design strategies and programs to address problems of adjustment
Consult with other educators and parents on issues of social development
and behavioral and academic difficulties
Conduct psycho-educational assessment for purposes of identifying special
needs
Provide psychological counseling for individuals, groups, and families
Coordinate intervention strategies for management of individuals and
school wide crises
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What is a Licensed Educational Psychologist (LEP)?
Section 4989.14: Scope of Practice
The following is the definition from the Business and Professions Code (BPC)
regarding the scope and practice of licensees regulated by the Board of
Behavioral Sciences.
The practice of educational psychology is the performance of any of the
following professional functions pertaining to academic learning processes or
the education system or both:
(a) Educational evaluation.
(b) Diagnosis of psychological disorders related to academic learning
processes.
(c) Administration of diagnostic tests related to academic learning processes
including tests of academic ability, learning patterns, achievement, motivation,
and personality factors.
(d) Interpretation of diagnostic tests related to academic learning processes
including tests of academic ability, learning patterns, achievement, motivation,
and personality factors.
(e) Providing psychological counseling for individuals, groups, and families.
(f) Consultation with other educators and parents on issues of social
development and behavioral and academic difficulties.
(g) Conducting psychoeducational assessments for the purposes of identifying
special needs.
(h) Developing treatment programs and strategies to address problems of
adjustment.
(i) Coordinating intervention strategies for management of individual crises.
Basic LEP Do’s and Don’ts
O Do provide interventions to improve client’s
learning in school settings. Apply specific
strategies or intervention techniques to modify
client’s behavior within educational setting.
Improve client’s school performance.
O Don’t provide psychotherapy services for
marital discord, substance abuse, or emotional
and personality issues related to noneducational issues.
From The LEP Examination Preparation Workshop by Sean Surfas, Ph.D., LEP 2005
What’s the Difference?
School Psychologist
O Credentialed by CTC
LEP
O Licensed by BBS
O Restricted to
O Can work
practicing as an
independent of a
employee of a school
school or district
or school district
O Can work for
O Works for someone
someone else or be
else
self-employed
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LEP Application
O
O
O
O
O
O
O
O
Board of Behavioral Sciences
Must have P.P.S. and 3 years full-time experience as a school
psychologist in the public schools. The 3 years may include
internship year with supervision by school psychologist or LEP
Complete Application for Examination Eligibility and send with fee
-currently $200 ($100 for application and $100 for exam)
http://www.bbs.ca.gov/pdf/forms/lep/lepapp.pdf
Board provides deadline for taking exam
Examination handbook
http://www.bbs.ca.gov/pdf/publications/lep_swhbk.pdf
Take exam until passed. Computer administered, year-round
Send in Request for Initial License with prorated fee
LEP Renewal
O
O
O
O
O
O
O
O
O
O
Must renew every 2 years- expires at end of your birth month
Do NOT practice without a license or with an expired license
Initial license renewal requires only 18 hours of CEUs (you will likely have
less than 2 years to complete these units depending on your birth month
All renewals thereafter require 36 CEUs every 2 years.
6 hours of Law & Ethics required for each renewal period
7 hours of training on Child Abuse Assessment and Reporting required for
all renewing on or after 1/12/12 (one-time only)
15 hours of training on Alcoholism and Other Chemical Substance
Dependency required for all renewing on or after 1/12/12 (one-time only)
CEUs must be take by Board approved providers which must advertise their
provider number (PCE xxxx)
http://www.bbs.ca.gov/pdf/forms/webproviders.pdf
Accredited universities are approved providers and do not need a PCE #
Detailed information regarding renewal requirements can be found in the
“Licensed Educational Psychologist Continuing Education and Renewal
Information” brochure published by the B.B.S.
http://www.bbs.ca.gov/pdf/publications/lep_ceinfo_brochure.pdf
Private Practice
O Advertising- Disclosure and Advertising Laws
http://www.bbs.ca.gov/quick_links/disclosure_and_advertising.shtml
O Service provision- Who, What, Where?
O Specialization
O Contracting with Districts
O Working for Self
O Confidentiality and Release of Information
O Maintaining Records
O Reporting and sharing of results
O Follow up services
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Who’s Your Daddy?
CA Ed. Code
Educational Model
“Eligibility” for Special Ed.
Services must be based on Ed.
Code criteria for 1 of 13 possible
categories.
O Typically determined by a team of
educational professionals after a
thorough psychoeducational
evaluation.
O A student may have a DSM-V
diagnosis provided by an outside
healthcare professional, however
that does NOT necessarily mean
the student is eligible for special
education.
O Disability MUST be negatively
impacting academic functioning.
O
O
DSMDSM-V
O Medical Model
O “Diagnosis”
O Usually determined by an
individual-- doctors, licensed
clinical psychologists, MFTs,
or LCSWs.
O Typically necessary for
insurance billing purposes.
O Diagnosis is “supposed” to be
provided only when criteria
are met, including having a
negative impact on the
individual’s life functioning
Educationally Relevant Determinations
CA Ed. Code
DSMDSM-V
O Intellectual Disability
O Intellectual Disability
O Autistic-Like
O Autism Spectrum
Behaviors
O Specific Learning
Disability
O Emotional
Disturbance
O Other Health
Impairment
Disorder
O Specific Learning
Disorder
O Mood Disorders, Anxiety
Disorders, Schizophrenia,
Behavioral Disorders
O ADHD, Tourette’s, other
health/medical
diagnosis
How do I get paid?
O Insurance will not reimburse for services provided by
LEPs O Determine your fees. Do you want to bill by the hour or
by the assessment?
O You may consider a sliding-scale if client cannot afford
O
O
O
O
your fees. Do NOT provide lower quality, less thorough
evaluation in order to “keep costs down.”
Write a contract and have it signed before beginning
any assessment.
You may wish to collect a deposit in advance.
If hourly, include an agreed-upon maximum number of
hours.
Send written invoice for services provided.
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Technological Difficulties
O HIPAA Compliance
http://www.bbs.ca.gov/licensees/hipaa.shtml
O FERPA
O Encryption
O Passwords
O Online Service Provision
http://www.bbs.ca.gov/consumer/consumer_psych_online.shtml
O B.B.S. has formed a committee to review
and formulation telehealth guidelines
Group Discussion
What are Ethics?
Why do they matter?
Do they differ from law?
If so, how?
What are “Ethics”?
According to MerriamMerriam-Webster:
ethic
noun ethic \ˈe-thik\
plural but sing or plural in constr : the discipline dealing with what
is good and bad and with moral duty and obligation
2.
a : a set of moral principles : a theory or system of moral values
<the present-day materialistic ethic> <an old-fashioned work ethic>
—often used in plural but singular or plural in construction <an
elaborate ethics> <Christian ethics>
b plural but sing or plural in constr : the principles of conduct
governing an individual or a group <professional ethics>
c : a guiding philosophy
d : a consciousness of moral importance <forge a conservation
ethic>
3.
plural : a set of moral issues or aspects (as rightness) <debated the
ethics of human cloning>
1.
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Ethics vs. Law
Professional ethics is a combination of broad ethical principles and rules
that guide the conduct of a practitioner in his or her professional
interactions with others.
Law is a body of rules of conduct prescribed by the state that has binding
legal force.
Professional codes of ethics are generally viewed as requiring decisions
that are “more correct or more stringent” than required by law.
APA states that if the code “establishes a higher standard of conduct
than is required by law, psychologists must meet that higher ethical
standard.”
(Or, as I like to say, “The difference between Ethics and Law is doing what
you should do rather than just what you have to do.”)
When ethics and law collide
Practitioners may face decisions involving possible conflicts
between codes of ethics and law. In such cases, practitioners
should ask themselves:
o Do I understand my legal obligations correctly?
o What actions does the law specifically require or prohibit?
o What actions does the law permit?
o Even if an action is legal, is it ethical?
o Do I understand my ethical obligations correctly?
NASP’s code of ethics states: “When conflicts between ethics
and law occur, school psychologists take steps to resolve the
conflict through positive, respected, and legal channels. If not
able to resolve the conflict in this manner, they may abide by the
law, as long as the resulting actions do not violate basic human
rights” (NASP-PPE IV.2.3)
Ethical Decision Making
(a.k.a. Between a rock and a hard place)
O The Board of Behavioral Sciences does not have a
specific Code of Ethics for LEPs.
O B.B.S. adheres to the Business and Professions Code.
http://www.leginfo.ca.gov/.html/bpc_table_of_contents.html
O CASP Code of Ethics- Adopted August 2012
http://www.casponline.org/
O CA Education Code
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=edc
O NASP-Principles for Professional Ethics
http://www.nasponline.org/standards/2010standards/1_%20Ethical%20Prin
ciples.pdf
O APA- Ethical Principles of Psychologists and Code of
Conduct (amended 2010)
http://www.apa.org/ethics/code/index.aspx
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AND Coming Soon!!!!!
California Association of School Psychologist
Licensed Educational Psychologists Code of Ethics
Developed by: Sean Surfas Ph.D. LEP
CASP Board Licensed Educational Psychologist Specialist
It’s a …
Currently, but up for CASP Board adoption and may be presented
at the CASP Convention this Fall 2015
From the current draft…
A Code of Ethics includes both good practice and professional
standards for conduct. The CASP Licensed Educational
Psychologists Code of Ethics provides guidelines in the following
areas.
1. Professional competence (personal and professional
limitations, professional growth, confidentiality, records,
information shared)
2. Professional relationships and responsibilities (students,
parents, staff, administrators, the community and interpersonal
relations).
3. Professional practice settings (assessments, use of materials
and computers, intervention, school based research and
evaluation, reporting data and conferencing results)
4. Professional practice in private settings (district employment,
service delivery, announcements and advertising).
General Principles of Ethics
NASP
O Respect for the
Dignity of Persons
O Responsible Caring
O Integrity in
Professional
Relationships
O Responsibility to
Community and
Society
APA
O Beneficence and
Nonmaleficence
O Fidelity and
Responsibility
O Integrity
O Justice
O Respect for People's
Rights and Dignity
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3/31/2015
CASP’s Current Code of Ethics contains
a section for LEPs
Principles for Professional Ethics
Professional Competency
Professional Relationships and Responsibilities
Professional Practice- Public Settings
Professional PracticePractice- Private Settings
District Employment
Service Delivery
Announcements/Advertising
Ethical Decision Making
(a.k.a. between a rock and a hard place)
1.
2.
3.
4.
5.
6.
7.
8.
Describe the parameters of the situation.
Define the potential ethical-legal issues involved.
Consult ethical and legal guidelines and district policies that might apply
to the resolution of each issue. Consider the broad ethical principles as
well as specific mandates involved.
Evaluate the rights, responsibilities, and welfare of all affected parties
(e.g., pupil, teachers, classmates, school staff, parents, siblings).
Consider cultural characteristics of affected parties that may be salient
to the decision.
Generate a list of alternative decisions possible for each issue.
Enumerate the consequences of making each decision. Evaluate the
short-term, ongoing, and long-term consequences of each possible
decision, considering the possible psychological, social and economic
costs to affected parties. Consultation with colleagues may be helpful.
Consider any evidence that the various consequences or benefits
resulting from each decision will actually occur.
Make the decision. Consistent with codes of ethics, the LEP accepts
responsibility for the decision made and monitors the consequences of
the course of action chosen.
Adapted from the Eight-Step Problem-Solving Model on p. 21 of Ethics and Law for School Psychologists, Sixth
Edition by Jacob, Decker, & Hartshorne
Let’s Practice!!!!
O Divide into small groups
O Determine roles (secretary, reporter, time
keeper)
O Read your group’s dilemma
O Go through decision making steps
O Choose a course of action
O Report back to large group
O Large group discussion
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Dilemma #1
Bob is a licensed educational psychologist. He is also
bilingual, a fluent speaker, reader, and writer in both
Spanish and English. Although he is fluent in both
languages, Bob does not have any specialized formal
training in bilingual education teaching methodologies,
second language acquisition, or in distinguishing issues
related to the language acquisition process and language
disorders. Bob lives in a fairly rural area. A small local
district, with limited resources, has asked to contract with
Bob to conduct a psychoeducational assessment for a
student, whose primary language is Spanish, but the
student is struggling in school and a referral for special
education has begun. Bob agrees to contract with the
district on this case. Are there any issues? What should
Bob have done? or What should he do?
Dilemma #2
Katrina is a licensed educational psychologist who has been
in private practice for just a few years. She also works fulltime for a public school district. Because she works full-time,
she only takes on private clients every once in a while (3-5
cases per year). She feels it is not worth it to invest in test
batteries and protocols as she does not need them that often
and they are very expensive and she feels by the time she
saves enough money to purchase them, the new revision
comes out. So, she uses her district’s test kits and makes
photocopies of their protocols to use for her private cases so
that she’s not “stealing” resources from the district. She also
doesn’t want to pay for her own office space, so she
sometimes uses her district office to conduct assessments
after hours and on weekends. What are the issues? What
should Katrina do?
Dilemma #3
Marcos is a school psychologist with his Master’s
degree and is a Licensed Educational
Psychologist. In an effort to grow his private
practice, Marcos decided to advertise in the yellow
pages. He wanted to be sure that his private
practice would be easy to find and so he decided
to advertise under the “Psychologists” section. At
his school district and in his private practice, most
people refer to him as “Dr. Marcos” or “Doc” as
they assume, as a psychologist, that he has a
doctoral degree. Are there any problems with
Marcos’ advertising in this way? What should he
do about how people are referring to him?
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Dilemma #4
Jeanette works and lives in a medium sized city with a
population of just over 100,000. She has been in private
practice for 10 years and has worked in the public schools
for nearly 20 years. Her city has a “small town” feel in
that, it seems that everyone knows everyone (rather than
6 degrees of separation, it feels like 1 degree at the
most). As such, during her personal time, (shopping,
attending social events, dining out, exercising at her gym)
she often comes across familiar looking people, then
realizes that she recognizes them because they are
former clients or the parents of former clients. How
should she handle these situations in general? What if
the individuals greet her? What if they approach her and
start talking about topics related to the assessment she
completed?
Dilemma #5
Karl is a school psychologist for a rather large urban school district.
He works part-time for that district and he spends the rest of his time
in private practice. He recently was contacted by a parent who is
dissatisfied with the assessment conducted by the school district.
The client was very emotional and thus rushed into her story about
how horrible the assessment of her child was and began to list all of
its flaws. She also shared some concerns about how she and her
child have been treated by the school throughout the whole process.
She felt that not only was the assessment incomplete and
inaccurate, but the recommended services were also not
appropriate. Because she was so upset, Karl allowed the woman to
vent before getting detailed information. Once he finally got to that
point, he realized that the student attends one of the schools within
his district of employment and that the individuals on the
assessment team are his co-workers and colleagues (including the
school psychologist). How should Karl handle this situation?
Dilemma #6
A school district contracted Susan, a licensed educational
psychologist, to conduct an evaluation for a student who was
exhibiting significant behavioral challenges. Susan conducted her
assessment of the student and found that there were a lack of
attempts at appropriate intervention to decrease the student’s
behavioral issues. Also, she did not find evidence to support
eligibility for special education under any of the 13 categories.
Susan shared some of her preliminary findings with the IEP team
prior to the meeting date. Members of the team quickly informed
the superintendent of special education for the district, as the goal of
some of the members of the team and the school administration
was to qualify the student so that they could recommend placement
in a non-public school (and thus remove the student from their
campus). The superintendent called Susan in to her office to discuss
Susan’s findings and told her that she was being paid by the district
to qualify the student and thus her report must reflect those findings.
What should Susan say and do in response?
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Additional Questions?
Contact Information
Beth Laurie, M.Ed., LEP 2764
Licensed Educational Psychologist
Nationally Certified School Psychologist- Bilingual Spanish/English
Diplomate of the American Board of School Neuropsychology
Owner/Director- Positive Assessment Solutions and Strategies (PASS)
P.O. Box 97307, Santa Barbara, CA 93190
Phone: (805) 259-6342
[email protected]
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