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Regulation & Ethics

Update – October 2019

Code  of Ethical Conduct

1.   These rules apply to Association members, candidates, and interns (collectively referred to as "Member").

2.   A Member’s primary professional responsibility, subject to the defined  objective, is the discovery of truth in verifying the examinee's version. The Member shall maintain high standards of professional, moral, and ethical conduct.

3.   For the avoidance of doubt,  the examiner is not responsible for uncovering the "absolute truth" of an entire case or mystery, but only the truth regarding the specific version of the examinee being tested.

4.   An examiner shall not participate in defining an objective that intentionally conceals a material  fact, unless that fact is specified in the report as being outside the exam's scope.

5.   If the objective changes or is limited, the examiner’s commitment to the truth is subject to the new objective, provided it is explicitly stated in the report.

6.   A Member shall not knowingly conduct an examination that serves  illegal or patently immoral acts.

7.   A Member shall avoid improper conduct, preserve the dignity of the profession, and refrain from any action that may harm its reputation.

8.   An examiner shall not act, alone or with others, to bias an examination or its findings.

9.   An examiner shall not instruct any party on how to interfere with a proper examination or how to manipulate physiological reactions.

10. Full Disclosure: The examiner is committed to full disclosure to all involved parties (Client, Examinee, and relevant third parties) regarding the commissioning and objective of the test.

11. An examiner shall not test an individual with whom they have a significant relationship (family, friend, business, etc.).

12. An examiner must update all parties regarding any prior acquaintance with the examinee or client, especially if related to the subject of the test.

13. An examiner shall not conduct a test for an examinee they have previously tested or advised on the same subject, unless all involved parties are aware.

14. A Member shall act with loyalty, dedication, fairness, and impartiality, remaining as independent as possible under the circumstances.

15. A Member shall not publish misleading or false advertisements regarding their polygraph practice.

16. A Member shall refrain from public, blunt, or non-constructive criticism of another member, unless required by their role in the Association or by law.

17. Every Member shall act to the best of their ability to promote the Association's goals.

18. Consent:

  • A Member shall not conduct a test if there is reason to believe the examinee was threatened or coerced.
  • Written consent must be obtained from the examinee before the test.

19. Mandatory Equipment:

  • Must use at least a three-channel instrument (Cardiovascular, Respiratory, Electrodermal).
  • Must operate the instrument according to manufacturer instructions.

20. A Member shall refrain from testing if they believe the examinee is physically or mentally unfit.

21. No opinion on veracity shall be rendered unless the relevant question was asked  at least twice/thrice during the exam.

22. Location: Exams shall not be conducted at the examinee’s home or private oVice, except in cases of house arrest  or severe disability.

23. Privacy: No one other than the examiner and examinee shall be in the room, except for an interpreter or a trainee (if technically necessary for training).

24. No recording or surveillance devices by involved parties are allowed without the consent of all parties or a legal order.

25. An examiner shall not use an interpreter who has a personal or professional connection to the examinee or client.

26. Prior Examinations on the Same Subject:

  • The Member must demand all materials from previous tests.
  •  If the examinee refuses, the Member may proceed but must document the refusal internally (and may state in the report that a previous test occurred).
  • A Member shall not conduct a test if the examinee has been tested three times or more on the subject, unless justified in writing for exceptional cases.
  • Members are obligated (with consent) to contact the original examiner to receive background materials and charts.

27. A Member shall follow professional guidelines set by the Executive Committee or General Assembly.

28. Records, charts, and correspondence must be kept for at least  five years.

29. Reports must be honest and include all relevant information.

30. A formal opinion on veracity may only be given based on an examination the Member performed personally. If reviewing another's work, they must explicitly state they did not conduct the test themselves. The actual examiner's name must always appear on the report.

31. A Member shall not provide services in a matter in which they have a direct or indirect personal interest.

32. A Member shall not knowingly work for opposing interests in the same matter without consent from both sides.

33. Confidentiality: Confidential information shall only be used for the benefit of the client/examinee, unless there is a legal obligation to disclose.

34. Fees: Services shall be provided for monetary compensation only (except for interns, research, or pro-bono work).

35. Fees shall not be contingent upon the results of the examination.

36. A Member shall not engage in unfair competition or solicit clients in an undignified manner.

37. No payment shall be made to any oVicial for referring cases.

38. Partnerships: Members may not partner with non-members without Committee approval (except for family/succession arrangements as specified).

39. Reviewing Another Member's Work:

  • The Member must notify the original examiner and request the background material  and charts.
  • A Member shall not submit a review if a similar review was already provided by a third member (except for agreed-upon arbitration).
  • A Member shall not provide a review if they have personally tested a party involved in the dispute.

40. Materials received for review shall not be shared with third parties without the sender's consent.

41. Members shall maintain a collegial and respectful attitude toward one another.

42. If two members are appointed to a case, they shall cooperate to serve the interests of the client.

43. Secrecy: The examiner is bound by the secrecy of the examination. No details (including the fact that an exam was ordered) shall be disclosed to outside parties without consent, except where legally mandated.

44. In the event of a complaint or inquiry against a Member, the Member must provide all relevant materials to the Association’s investigators, unless it causes substantial harm to an employer/client or is legally privileged.

45. A Member is obligated to respond substantively to inquiries from the Association’s Board or Disciplinary Committee regarding suspected violations.

Clarifications

Distinction between Objective and Purpose: The Purpose of the exam answers "Why?" (e.g., to help police, to prove a point, to settle a dispute). The Objective of the exam is the specific question: "To determine whether [X] occurred?" The Objective is the clinical focus, whereas the Purpose is the external motivation for the test.