N.M. Admin. Code § 16.22.2.19

Current through Register Vol. 35, No. 23, December 10, 2024

Section 16.22.2.19 - RESOLVING ETHICAL ISSUES

A.Improper complaints. The psychologist shall not file or encourage the filing of ethics complaints to the board that are frivolous.

B.Familiarity with this code. The psychologist has an obligation to be familiar with the code, other applicable ethics codes, and their application to psychologists' work. Lack of awareness or misunderstanding of the code is not a defense to a charge of unethical conduct.

C.Confronting ethical issues. When a psychologist is uncertain whether a particular situation or course of action would violate this code, the psychologist shall consult with other psychologists knowledgeable about ethical issues, with state or national psychology ethics committees, or with other appropriate authorities in order to choose a proper course of action. Such consultation is not a defense to a charge of unethical conduct.

D.Mandatory reporting. If a psychologist has reason to believe that another psychologist is engaged in a prohibited dual relationship with a client or patient, exhibits habitual or excessive use of drugs and alcohol that adversely affect professional practice or commits fraud or gross incompetence, the psychologist must report the suspected violation to the board. The psychologist shall not violate patient confidentiality in order to make a report to the board regarding another psychologist's behavior. The psychologist may disclose such information without the patient's consent in urgent situations as described in Subsection C of 16.22.2.12 NMAC.

E.Cooperating with complaint and ethics committees. The psychologist shall cooperate in investigations, proceedings, and requirements of this code, the ethical principles of psychologists and code of conduct of the American psychologist association, or any affiliated state psychological association to which he belongs. In doing so, the psychologist shall make reasonable efforts to resolve any issues of confidentiality. Failure to cooperate is a separate violation of the code.

N.M. Admin. Code § 16.22.2.19

16.22.2.19 NMAC - Rp, 16.22.2.19 NMAC, 11/15/06, Amended by New Mexico Register, Volume XXXIII, Issue 24, December 27, 2022, eff. 1/8/2023