Case 47
Licensing and Credentialing
A. Statement of the Problem
An I/O psychologist started a consulting practice in a state requiring all psychologists, regardless of area of specialty, to be licensed prior to pro¬viding any psychological services to the public for a fee. The psychologist had been licensed in another state. The psychologist’s practice involved the administration of standardized group tests and interviewing for the purpose of personnel screening. The practice excluded personality testing and health service activities.
Upon learning about her new state’s licensure requirements, she con¬tacted the licensing board. She was told that to be eligible to take the licensure examination, it was necessary to have worked under the super¬vision of a licensed psychologist for a period of 2 years after receipt of the doctoral degree. There was no reciprocity agreement between her present state and the one in which she had been licensed. The former state had a different licensing law, more compatible with the typical preparation of I/O psychologists. Since the psychologist previously had been employed by a state agency as a personnel psychologist reporting to the agency’s per¬sonnel director (who was not a psychologist), it was not possible to meet her new state’s requirements without additional preparation. The psy¬chologist was therefore not permitted to take the licensing examination.
The psychologist decided to ignore the state requirement for licensure and to continue practicing, using the label of “Industrial/Organizational Psychologist,” and to perform the tasks and duties which were psycholog¬ical and which were controlled by law in the state. Her business cards and stationery identified her practice as being in “Industrial/Organizational Psychology.” Her promotional materials described her as being a psychol¬ogist and listed several areas of practice with the word “psychology” in them.
The psychologist was contacted by a company exploring the possibility of her conducting some executive assessments. During one of the explor¬atory discussions, the organizational representative asked her if she was licensed as a psychologist. She stated that she was, without mentioning that her license was in another state. The company hired the psychologist for the work. Subsequently, in a forensic matter which arose concerning one of the assessments she performed for the company, the psychologist
192 PROFESSIONAL TRAINING AND CERTIFICATION ISSUES
was disqualified as an expert witness for her client organization on the basis of her not being licensed to practice psychology in her state.
B. Ethics Code Standards
Ethical Standard 3.03 Avoidance of False or Deceptive Statements
(a) Psychologists do not make public statements that are false, deceptive, misleading, or fraudulent, either because of what they state, convey, or suggest or because of what they omit, concerning their research, practice, or other work ac¬tivities or those of persons or organizations with which they are affiliated....
c. Case Interpretation
In this case, the psychologist appears to have been in violation of a state law when, contrary to specific statute, she provided services that were required by that state only to be performed by a licensed psychologist. She made the situation worse by misleading a potential client as to the nature of her licensure. The client was potentially adversely affected subse¬quently when the reality of her situation became apparent.
The psychologist should have been familiar with the laws governing the practice of psychology before setting up her practice. The Ethics Code in its aspirational (nonenforceable) sections states that “[psychologists comply with the law . . (Principle F), The psychologist erred especially by not considering the requirements for licensure before she undertook independent practice. It was her professional responsibility to know .the licensure laws in her state and to assure that she was in compliance, regardless of whether or not she personally agreed that licensure of I/O psychologists was a good or appropriate thing. Assuming she did not. agree that I/O psychologists should be covered by the law, the code stipulates (in its enforceable provisions) that in situations in which there is a conflict between law and desirable practice, psychologists act responsibly to re¬solve the conflict. There appears to have been no attempt in this case to have changed the law or to address problems with its applicability to the I/O psychology specialty. •'
Because this psychologist was precluded by law from practicing psy¬chology without holding a license, she should not have represented herself to organizations for which she proposed to work as practicing psychology or as being a psychologist. Of course, she could have made arrangements to work under the supervision of a licensed psychologist, or she might also have established her practice in a way that did not require violating the law. Alternatively, she could have limited her practice to areas not covered by the licensure act or worked with the licensure board to modify its li¬censure requirements so that I/O psychologists’ needs were accommo¬dated.
D. Case Implications
Psychologists are generally expected to comply with state licensure re- ■r quirements when they include in their purview the practice and profes- sional activities of I/O psychologists. There are a number of options avail- V able to I/O psychologists unable to meet the requirements for licensure in their states or who find the provisions of such laws to be inappropriate I and unnecessary. They may arrange for any required supervision and then reapply for licensure at a later date. Alternatively, I/O psychologists might use titles other than “psychologist” (such as “personnel consultant”) if the state’s licensing law is a “title” rather than a “practice”.law. Practice law's A preclude the performance of defined activities except by those holding a III license to do so.
Affected I/O psychologists should also consider working to change in¬appropriate licensure requirements. If state requirement for extensive postdoctoral supervision by a licensed psychologist prior to taking the li-censing exam is unreasonable, psychologists can work with the state psy- chological association or licensing board and with other I/O psychologists
n * in the state to revise the requirements. Of course an affected psychologist might also set up practice in a different state with alternative licensure พ' requirements or those not requiring I/O psychologists to be licensed. Even J§ ■ if exempted from licensure laws, I/O psychologists have the ethical obli¬gation to practice competently and within the restrictions of their areas of expertise.
Part
Case 28
Avoiding Conflicts of Interests and Roles
A. Statement of the Problem
An I/O psychologist employed by a complex multinational corporation was responsible for developing and implementing executive development pro¬grams for the company. He created one such program with the assistance of an outside consultant, also a psychologist, who had a national reputa¬tion for such work. The consultant was also a faculty member at a local university where he was responsible for recruiting adjunct and part-time faculty.
After the contract work had been completed, the consultant, acting without additional input from his university colleagues, or from his em¬ployer, offered, and the corporate psychologist accepted, a teaching assign¬ment at a rate of remuneration that was twice what competing universi¬ties offered for instruction of similar courses and much higher than what the university itself paid for similar adjunct teaching assignments. Other part-time faculty members were unaware of the pay differential.
B.. Ethics Code Standards
Ethical Standard 1.15 Misuse of Psychologists’Influence
Because psychologists’ scientific and professional judgments and actions may affect the lives of others, they are alert to and guard against personal, financial, social, organizational, or political factors that might lead to misuse of their influ¬ence.
Ethical Standard 1.16 Misuse of Psychologists’ Work
(a) Psychologists do not participate in activities in which it appears likely that their skills or data wfll be misused by oth¬ers, unless corrective mechanisms are available.
(b) If psychologists learn of misuse or misrepresentation of
114 MANAGING CONSULTING RELATIONSHIPS
th6ir work) tu6j txxiaC icttSOuttblc steps to CGiTGct or iriixurnjjze the misuse or misrepresentation.
Ethical Standard 1.17 Multiple Relationships
(a) In many communities and situations, it may not be feasi¬ble or reasonable for psychologists to avoid social or other nonprofessional contacts with persons such as . . . clients . . .
I or] supervisees. . . . Psychologists must always be sensitive to the potential harmful effects of other contacts on then- work and on those persons with whom they deal. A psychol¬ogist refrains from entering into Or promising another per¬sonal, scientific, professional, financial, or other relationship with such persons if it appears likely that such a relationship reasonably might impair the psychologist’s objectivity or oth¬erwise interfere with the psychologist’s effectively perform¬ing his or her function as a psychologist. . . .
(b) Likewise, whenever feasible, a psychologist refrains from taking on professional or scientific obligations when preex¬isting relationships would create a risk of such harm.
c. Case Interpretation
One issue raised in this case is whether or not there was a conflict of interest associated with the consulting psychologist’s multiple responsi¬bilities. At least a potential conflict arises if, either during or soon after the teaching assignment, the consulting psychologist continued to provide services under contract to the corporate psychologist. The situation was especially problematic if the consultant not only recruite