Current through Register Vol. 50, No. 9, September 20, 2024
A. Bases for
Assessments
1. Psychologists base the
opinions contained in their recommendations, reports and diagnostic or
evaluative statements, including forensic testimony, on information and
techniques sufficient to substantiate their findings.
2. Except as noted in this section,
psychologists provide opinions of the psychological characteristics of
individuals only after they have conducted an examination of the individuals
adequate to support their statements or conclusions. When, despite reasonable
efforts, such an examination is not practical, psychologists document the
efforts they made and the result of those efforts, clarify the probable impact
of their limited information on the reliability and validity of their opinions
and appropriately limit the nature and extent of their conclusions or
recommendations.
3. When
psychologists conduct a record review or provide consultation or supervision
and an individual examination is not warranted or necessary for the opinion,
psychologists explain this and the sources of information on which they based
their conclusions and recommendations.
B. Use of Assessments
1. Psychologists administer, adapt, score,
interpret or use assessment techniques, interviews, tests or instruments in a
manner and for purposes that are appropriate in light of the research on or
evidence of the usefulness and proper application of the techniques.
2. Psychologists use assessment instruments
whose validity and reliability have been established for use with members of
the population tested. When such validity or reliability has not been
established, psychologists describe the strengths and limitations of test
results and interpretation.
3.
Psychologists use assessment methods that are appropriate to an individual's
language preference and competence, unless the use of an alternative language
is relevant to the assessment issues.
C. Informed Consent in Assessments
1. Psychologists obtain informed consent for
assessments, evaluations or diagnostic services, except when:
a. testing is mandated by law or governmental
regulations;
b. informed consent is
implied because testing is conducted as a routine educational, institutional or
organizational activity (e.g., when participants voluntarily agree to
assessment when applying for a job); or
c. one purpose of the testing is to evaluate
decisional capacity. Informed consent includes an explanation of the nature and
purpose of the assessment, fees, involvement of third parties and limits of
confidentiality and sufficient opportunity for the client/patient to ask
questions and receive answers.
2. Psychologists inform persons with
questionable capacity to consent or for whom testing is mandated by law or
governmental regulations about the nature and purpose of the proposed
assessment services, using language that is reasonably understandable to the
person being assessed.
3.
Psychologists using the services of an interpreter obtain informed consent from
the client/patient to use that interpreter, ensure that confidentiality of test
results and test security are maintained, and include in their recommendations,
reports and diagnostic or evaluative statements, including forensic testimony,
discussion of any limitations on the data obtained.
D. Release of Test Data
1. The term test data refers to raw and
scaled scores, client/patient responses to test questions or stimuli and
psychologists' notes and recordings concerning client/patient statements and
behavior during an examination. Those portions of test materials that include
client/patient responses are included in the definition of test data. Pursuant
to a client/patient release, psychologists provide test data to the
client/patient or other persons identified in the release. Psychologists may
refrain from releasing test data to protect a client/patient or others from
substantial harm or misuse or misrepresentation of the data or the test,
recognizing that in many instances release of confidential information under
these circumstances is regulated by law.
2. In the absence of a client/patient
release, psychologists provide test data only as required by law or court
order.
E. Test
Construction. Psychologists who develop tests and other assessment techniques
use appropriate psychometric procedures and current scientific or professional
knowledge for test design, standardization, validation, reduction or
elimination of bias and recommendations for use.
F. Interpreting Assessment Results. When
interpreting assessment results, including automated interpretations,
psychologists take into account the purpose of the assessment as well as the
various test factors, test-taking abilities and other characteristics of the
person being assessed, such as situational, personal, linguistic and cultural
differences, that might affect psychologists' judgments or reduce the accuracy
of their interpretations. They indicate any significant limitations of their
interpretations.
G. Assessment by
Unqualified Persons. Psychologists do not promote the use of psychological
assessment techniques by unqualified persons, except when such use is conducted
for training purposes with appropriate supervision.
H. Obsolete Tests and Outdated Test Results
1. Psychologists do not base their assessment
or intervention decisions or recommendations on data or test results that are
outdated for the current purpose.
2. Psychologists do not base such decisions
or recommendations on tests and measures that are obsolete and not useful for
the current purpose.
I.
Test Scoring and Interpretation Services
1.
Psychologists who offer assessment or scoring services to other professionals
accurately describe the purpose, norms, validity, reliability and applications
of the procedures and any special qualifications applicable to their
use.
2. Psychologists select
scoring and interpretation services (including automated services) on the basis
of evidence of the validity of the program and procedures as well as on other
appropriate considerations.
3.
Psychologists retain responsibility for the appropriate application,
interpretation and use of assessment instruments, whether they score and
interpret such tests themselves or use automated or other services.
J. Explaining Assessment Results.
Regardless of whether the scoring and interpretation are done by psychologists,
by employees or assistants or by automated or other outside services,
psychologists take reasonable steps to ensure that explanations of results are
given to the individual or designated representative unless the nature of the
relationship precludes provision of an explanation of results (such as in some
organizational consulting, pre-employment or security screenings, and forensic
evaluations), and this fact has been clearly explained to the person being
assessed in advance.
K. Maintaining
Test Security. The term test materials refers to manuals, instruments,
protocols and test questions or stimuli and does not include test data as
defined in Subsection D of this Section. Release of Test Data. Psychologists
make reasonable efforts to maintain the integrity and security of test
materials and other assessment techniques consistent with law and contractual
obligations, and in a manner that permits adherence to this Chapter.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:2353.
