The Division/APA Relationship

In an article in the first edition of the American Psychologist (January, 1946), Dael Wolfe, PhD likened the relationship of the APA and its divisions to that of the USA and its states, suggesting that each division, much like a state, has authority over its internal affairs. As outlined in the APA Bylaws and the Association Rules, divisions are autonomous in all matters within their fields that are not specifically reserved to the Association and the Council of Representatives. As noted in the Article V of the APA Bylaws, each division has the right to determine:

• who, among the division members, shall have the right to vote in divisional matters;
• qualifications and method of electing a required President and Secretary and other such officers needed to carry out the division's business;
• its own bylaws and rules of procedure within the framework of the APA Bylaws; and
• the appointment of such committees and adoption of such regulations for the conduct of its business (except that its committee structure is subject to review by the Board of Directors of the APA).

In 1988 APA legal counsel considered the relationship between APA and its divisions to determine the applicability of the APA ASME Guidelines to divisions. These principles were adopted by the Board of Directors to protect the APA from imposition of antitrust or other liability. APA was advised by counsel that "at the very least, divisions are integral components of APA" and thus "the actions of the divisions can, therefore, be imputed for litigation purposes to APA... divisions are just as liable as the parent organization if they engage in activities that create the potential for liability." Thus, each division should acquaint its officers, staff, and members with the principles included in the APA ASME Guidelines and incorporate these precautionary measures into activities of the divisions.

(The "ASME Guidelines" were approved by the Board of Directors in 1985 and revised in 1992.) Any questions about the "ASME Guidelines" should be addressed to the APA Office of General Counsel.

1. Standards, Guidelines, and Credentials.

Extreme care is necessary in the development of standards, guidelines, or credentials that affect economic interests or competition. When these kinds of APA programs might have effects upon scope of practice or modes of practice, compensation or reimbursement, professional engagements or positions, assignment of tasks or titles, or other economic or competitive factors in psychology, the antitrust laws are implicated. Standards or guidelines must be submitted to the Office of General Counsel for review and approval.

Standards, guidelines, or credentials must be reasonable. Reasonableness can be enhanced by circulating the proposed standards, guidelines, or credentials for comment by those who will be affected. The final versions should reflect, to the extent practicable, the consensus of opinion of those affected by the standards, guidelines, or credentials after review and consideration of all comments received.

Standards, guidelines, and credentials must state who is authorized to interpret them, such as the Council of Representatives, the Board of Directors, other boards, committees, divisions, or their authorized representatives. Interpretations must be issued in writing. Extreme care must be used in formulating any statements regarding standards, guidelines, or credentials which are expected to be relied upon by APA members or by others, whether or not there are specific enforcement mechanisms related to the standards, guidelines, or credentials.

If the standards, guidelines, or credentials do include enforcement mechanisms, there must be provisions to assure that due process is afforded to those affected, including the opportunity for appeal. Divisions that contemplate the development of standards or guidelines must comply with the requirements of Association Rule 100-1.5 which was adopted by Council in August, 1995.

2. Correspondence and Statements.

Official correspondence and statements, whether issued explicitly or implicitly by or on behalf of APA or a body integral to APA, must be approved in advance.

Approval can be either by the entire body responsible for the correspondence or statements, such as where an APA board or committee has voted on a resolution to issue correspondence or statements, or by the highest level of volunteer leadership or staff leadership involved, such as the chair of a board or committee or the chief staff official responsible for the board or committee, if the body has delegated authority to those individuals. The correspondence or statements must then be limited to what has been authorized and must be within the scope of duties of the volunteer or staff leadership.

Other correspondence or statements must not be on APA letterhead and, if they could possibly be interpreted as issued by or on behalf of the Association or a body integral to the Association, must include a disclaimer indicating that they are not made by or on behalf of APA.

3. Meetings and Conflicts.

All meetings of APA or bodies integral to APA must be scheduled in advance if practicable, have agendas circulated to attendees in advance, be open if practicable, and have written minutes prepared and circulated to attendees.

Conflicts of interest are subject to separate APA guidelines on that subject.

Refer to Appendix V for the test of the ASME Guidelines as revised in June, 1992, by the Board of Directors of the American Psychological Association.