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Relationship between Ethics and Law

As noted previously, professional ethics is a combination of broad ethical principles and rules that guide the conduct of a practitioner in their professional interactions with others. Law is a body of rules of conduct prescribed by the state that has binding legal force. Both the APA and NASP codes of ethics require practitioners to know and respect the law (APA, 2017b, Introduction and Applicability; NASP, 2020, p. 40, Standard IV.2.2; also see Behnke & Jones, 2012).

Professional codes of ethics are generally viewed as requiring decisions that are “more correct or more stringent” than required by law (Ballantine, 1979, p. 636). The APA’s ethics code states that if the code “establishes a higher standard of conduct than is required by law, psychologists must meet that higher ethical standard” (APA, 2017b, Introduction and Applicability; also NASP, 2020, p. 40, Standard IV.2.2).

In the delivery of school psychological services, practitioners may face decisions involving possible conflicts between codes of ethics and law. In such circumstances, practitioners are encouraged to ask themselves: “Do I understand my legal obligations correctly? What actions does the law specifically require or prohibit (must do, can’t do)? What actions does the law permit (can do)? Even if an action is legal, is it ethical? Do I understand my ethical obligations correctly?” (Knapp et al., 2007; Stefkovich, 2006). The 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 Standard IV.2.3; also APA 1.02, 1.03).

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