Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LXIII - Psychologists › Subpart 2 - Licensed Specialists in School Psychology › Chapter 42 - Ethical Standards for Licensed Specialists in School Psychology › Section LXIII-4205 - Respecting the Dignity and Rights of All Persons

Current through Register Vol. 50, No. 6, June 20, 2024
A. LSSPs engage only in professional
				  practices that maintain the dignity of all with whom they work. In their words
				  and actions, LSSPs demonstrate respect for the autonomy of persons and their
				  right to self-determination, respect for privacy, and a commitment to just and
				  fair treatment of all persons.
1. Autonomy
				  and Self-Determination (Consent and Assent). SSPs respect the right of persons
				  to participate in decisions affecting their own welfare.
a. LSSPs encourage and promote parental
				  participation in school decisions affecting their children (see 4207.A.3.
				  Responsible Assessment and Intervention Practices). However, where LSSPs are
				  members of the school's educational support staff, not all of their services
				  require informed parent consent. It is ethically permissible to provide
				  school-based consultation services regarding a child or adolescent to a student
				  assistance team or teacher without informed parent consent as long as the
				  resulting interventions are under the authority of the teacher and within the
				  scope of typical classroom interventions. Parent consent is not ethically
				  required for a school based LSSP to review a student's educational records,
				  conduct classroom observations, assist in within-classroom interventions and
				  progress monitoring, or to participate in educational screenings conducted as
				  part of a regular program of instruction. Parent consent is required if the
				  consultation about a particular child or adolescent is likely to be extensive
				  and ongoing and/or if school actions may result in a significant intrusion on
				  student or family privacy beyond what might be expected in the course of
				  ordinary school activities. Parents must be notified prior to the
				  administration of school- or classroom-wide screenings for mental health
				  problems and given the opportunity to remove their child or adolescent from
				  participation in such screenings.
b. Except for urgent situations or
				  self-referrals by a minor student, LSSPs seek parent consent (or the consent of
				  an adult student) prior to establishing a professional relationship for the
				  purpose of psychological diagnosis, assessment of eligibility for special
				  education or disability accommodations, or to provide ongoing individual or
				  group counseling or other non-classroom therapeutic intervention. It is
				  recommended that school distributed parent handbooks and websites advise
				  parents that a minor student may be seen by school health or mental health
				  professionals (e.g., school nurse, counselor, social worker, LSSP) without
				  parent notice or consent to ensure that the student is safe or is not a danger
				  to others. Parents should also be advised that LSSPs routinely assist teachers
				  in planning classroom instruction and monitoring its effectiveness and do not
				  need to notify parents of, or seek consent for, such involvement in student
				  support.
i. It is ethically permissible to
				  provide psychological assistance without parent notice or consent in emergency
				  situations or if there is reason to believe a student may pose a danger to
				  others; is at risk for self-harm; or is in danger of injury, exploitation, or
				  maltreatment.
ii. When a student
				  who is a minor self-refers for assistance, it is ethically permissible to
				  provide psychological assistance without parent notice or consent for one or
				  several meetings to establish the nature and degree of the need for services
				  and assure the child is safe and not in danger. It is ethically permissible to
				  provide services to mature minors without parent consent where allowed by state
				  law and school policy. However, if the student is not old enough to receive
				  school psychological assistance independent of parent consent, the LSSP obtains
				  parent consent to provide continuing assistance to the student beyond the
				  preliminary meetings or refers the student to alternative sources of assistance
				  that do not require parent notice or consent.
iii. LSSPs ensure that an individual
				  providing consent for school psychological services is fully informed about the
				  nature and scope of services offered, assessment/intervention goals and
				  procedures, any foreseeable risks, the cost of services to the parent or
				  student (if any), and the benefits that reasonably can be expected. The
				  explanation includes discussion of the limits of confidentiality, who will
				  receive information about assessment or intervention outcomes, and the possible
				  consequences of the assessment/intervention services being offered. Available
				  alternative services are identified, if appropriate. This explanation takes
				  into account language and cultural differences, cognitive capabilities,
				  developmental level, age, and other relevant factors so that it may be
				  understood by the individual providing consent. LSSPs appropriately document
				  written or oral consent. Any service provision by interns, practicum students,
				  or other trainees is explained and agreed to in advance, and the identity and
				  responsibilities of the supervising LSSP are explained prior to the provision
				  of services.
c. LSSPs
				  encourage a student's voluntary participation in decision-making about school
				  psychological services as much as feasible. Ordinarily, LSSPs seek the
				  student's assent to services; however, it is ethically permissible to bypass
				  minor student assent to services if the service is considered to be of direct
				  benefit to the student and/or is required by law. It is recommended that school
				  distributed parent handbooks and websites advise parents that a student may be
				  seen by school health or mental health professionals (e.g., school nurse,
				  counselor, social worker, LSSP) without parent notice or consent to ensure that
				  the student is safe or is not a danger to others. Parents should also be
				  advised that LSSPs routinely assist teachers in planning classroom instruction
				  and monitoring its effectiveness and do not need to notify parents of, or seek
				  consent for, such involvement in student support.
i. If a student's assent for services is not
				  solicited, LSSPs nevertheless honor the student's right to be informed about
				  the services provided.
ii. When a
				  student is given a choice regarding whether to accept or refuse services, the
				  LSSP ensures the student understands what is being offered, honors the
				  student's stated choice, and guards against overwhelming the student with
				  choices the student does not wish or is not able to make.
d. LSSPs respect the wishes of parents who
				  object to school psychological services and attempt to guide parents to
				  alternative resources.