Introduction
Ethical decision-making for neuropsychologists in inpatient rehabilitation is rarely straightforward. Unlike outpatient practice, where patients typically have stable capacities, and clinicians can engage in considered deliberation when ethical questions arise, inpatient rehabilitation disrupts this structure. It creates unique vulnerabilities due to interdisciplinary pressures, institutional systems, and professional responsibilities. Indeed, common ethical dilemmas may include fluctuating patient consent capacity with medical status, clinicians being asked to exceed their scope of practice, and non-psychologist colleagues misinterpreting sensitive psychological findings in electronic records. Patient vulnerability in this setting is heightened: individuals in inpatient rehabilitation frequently make decisions under suboptimal conditions, including sleep deprivation, pain, and sedating medications, and the rapid evolution of medical and cognitive status demands continuous re-evaluation rather than static assessment (Johnson-Greene, 2018).
These individual-level challenges are compounded by the interdisciplinary team model, which includes daily rounds, family meetings, and discharge planning and inherently requires broader information sharing than traditional psychological practice, potentially pressuring clinicians to exceed their scope of competence or to prioritize institutional efficiency over individual needs. Institutional imperatives such as insurance timelines and hospital bed turnover further heighten the risk of boundary blurring, making this setting uniquely vulnerable compared to other practice contexts.
Despite these apparent complexities, empirical literature specifically addressing ethical challenges unique to inpatient rehabilitation neuropsychology remains limited. While robust ethical frameworks exist for other settings, the distinctive intersection of medical acuity, interdisciplinary embedding, and neuropsychological practice has received less systematic attention (Bush, 2018). This gap stresses the value of practice-based guidance tailored to the realities of this setting.
This article highlights pressing ethical issues in inpatient rehabilitation and provides practical, evidence-informed strategies with reflective prompts. Our goal is to equip neuropsychologists with frameworks to uphold professional integrity and foster patient-centered care (Caplan, 1982). To ground this discussion, we examine four core domains in which ethical tensions most often arise: informed consent and capacity, confidentiality, professional competence, and boundary management.
Core Ethical Challenges and Practical Approaches
Informed Consent and Capacity Assessment: A Dynamic Assessment
Informed consent is the process by which patients are given sufficient information to voluntarily agree to procedures or assessments (APA, 2017, Standard 3.10). Yet, research suggests that fewer than 50% of patients in acute care settings fully understand standard consent procedures (Falagas et al., 2009). In inpatient rehabilitation, this is magnified: patients often experience fluctuating cognitive capacity due to factors such as acute injury, fatigue, and medication effects.
Capacity refers to an individual’s functional ability to understand relevant information, appreciate consequences, reason about options, and communicate a choice (Grisso & Appelbaum, 1998). Importantly, capacity is not a static, all-or-nothing state; it is task-specific and time-sensitive. A patient may be competent to consent to a blood draw in the morning but later that same day may lack the capacity to weigh the risks of a complex surgical procedure. Psychologists must therefore move beyond a one-time assessment, engaging in ongoing monitoring and re-evaluation of a patient’s ability to understand information, appreciate consequences, reason about options, and communicate choices (Grisso & Appelbaum, 1998; Appelbaum, 2007; Moberg & Kniele, 2006).
Recent research emphasizes the importance of dynamic capacity assessments in acute care settings (Palmer & Harmell, 2016), including frequent monitoring and re-evaluation of evolving capacity (Moberg & Kniele, 2006). When proxy decision-makers are necessary, ensure their choices align with the patients’ known values, advocating for the patient’s dignity and autonomy. For pediatric cases, balancing minor assent with parent consent requires careful navigation of developmental autonomy and best interests (Bush & Pimental, 2018).
Practical Takeaways:
- Reassess capacity dynamically: Treat capacity as a dynamic entity, not a fixed one.
- Document thoroughly: Record the process, rationale, and patients’ expressed wishes to guide proxy decisions and preserve autonomy.
- Engage proxies ethically: Confirm that proxy and surrogate decisions reflect the patient’s values, not solely convenience or institutional pressures.
- Anticipate fluctuations: Consider building flexibility into care planning, recognizing that capacity may vary across different times and tasks.
- Reflective Prompt: How do I balance patient autonomy with safety when capacity fluctuates?
Confidentiality in Interdisciplinary Teams: Balancing Disclosure and Protection
The collaborative nature of inpatient rehabilitation demands information sharing among physicians, therapists, and nurses. However, this necessity often clashes with the psychologist’s ethical and legal obligation to protect patient confidentiality. Electronic Health Records (EHRs), while efficient, can inadvertently expose sensitive psychological data to non-psychologist staff who may misinterpret nuanced findings (e.g., conflating impaired attention/executive functions with permanent incapacity). Ethical considerations in the use of EHRs in psychology have been highlighted in recent literature (Mayo et al., 2019).
Psychologists must proactively manage this tension. During the consent process, transparently discuss the scope of information sharing with the team, explicitly outlining what will be shared and the reasons behind it. Develop clear communication protocols to differentiate essential clinical information from overly detailed psychological material. This practice approach fosters trust while safeguarding patient privacy.
Practical Takeaways:
- Clarify consent early: Discuss with patients and families what information will be shared and its purpose (e.g., updates with multidisciplinary teams).
- Document with intention: Record both the rationale for disclosure and the steps taken to protect privacy.
- Use tiered disclosure: share clinically relevant findings essential to care while limiting access to sensitive cognitive or psychological details. Information for EHRs, and advocate for appropriate access to and interpretation of psychological data.
- Reflective Prompt: Am I sharing the minimum necessary information to support patient care while maintaining confidentiality?
Professional Competence and Scope of Practice: Knowing Your Limits
Neuropsychologists in inpatient rehabilitation may face pressure to operate at the edges of their training. For example, evaluating patients from diverse linguistic or cultural backgrounds without appropriately normed tools or interpreters risks invalid conclusions (Wong, 2006). Recent studies underscore the importance of ethical and cultural competence in rehabilitation. Rural practitioners often face ethical discomfort in generalist roles due to resource limitations (Allott & Lloyd, 2009).
Competence is not static; it requires continuous self-reflection, education, and consultation. When institutional demands exceed a psychologist’s expertise, they must honestly appraise and communicate these limitations. The APA Ethics Code allows working outside one’s specialty only in emergencies, and even then, only with appropriate preparation and supervision.
Practical Takeaways:
- Assess boundaries regularly: Reflect on whether the referral question falls within your training and competence.
- Seek consultation or refer: Engage with colleagues or refer when cases exceed your expertise, especially with culturally or linguistically diverse populations.
- Document efforts: Record steps taken to maintain best practices, including consultation, continuing education, or supervision.
- Commit to growth: Treat competence as dynamic, requiring ongoing professional development to maintain its effectiveness.
- Reflective Prompt: Am I the most qualified professional to answer this referral question, or would consultation or referral better serve the patient?
Multiple Relationships and Boundary Issues: Navigating Proximity
Inpatient rehabilitation settings naturally foster informal engagement, which increases the likelihood of boundary crossings (Barnett et al., 2007). These may include casual personal conversations, accepting small gifts, or becoming overly involved in family dynamics. In small or rural settings, unavoidable multiple relationships (e.g., evaluating a staff member’s spouse) require clear role definition, transparency, and regular boundary reflection.
The dual role of evaluator and therapist, common in neuropsychology, demands careful management. In pediatric settings, parental emotional investment may foster unrealistic expectations or inappropriate involvement (Bush & Pimental, 2018). While not inherently unethical, these relationships become problematic if they impair objectivity, risk exploitation, or cause harm. Neuropsychologists must also remain mindful of digital boundaries, including email, telehealth, and online presence, to ensure privacy and confidentiality and to avoid dual relationships in virtual spaces.
Practical Takeaways:
- Define roles early: Clearly communicate professional boundaries at the outset of care.
- Monitor boundary crossings: Be vigilant for boundary crossings in rehabilitation settings and distinguish benign boundary crossings from harmful violations.
- Manage dual roles: Use transparency and consultation when evaluator and therapist roles overlap to ensure effective communication and collaboration.
- Maintain digital boundaries: Apply the same ethical standards to electronic communication and online presence.
- Reflective Prompt: Are my current interactions, whether in person or digital, supporting therapeutic goals, or drifting toward a boundary that could compromise objectivity?
Practical Recommendations for Ethical Decision-Making in Inpatient Rehabilitation
Ethical practice in inpatient rehabilitation requires a proactive, reflective approach. The APA Ethics Code must be tailored to the unique challenges of rehabilitation patients and the dynamics of team-based care.
The following strategies can help neuropsychologists navigate these challenges with integrity and consistency:
- Proactive Ethical Dialogue: Initiate early discussions with patients, their families, and the interdisciplinary team about potential dilemmas to prevent misunderstandings and ensure informed decision-making.
- Continuous Self-Assessment: Regularly evaluate your own competence, biases, and the impact of the demanding rehabilitation environment on your practice. Seek peer consultation and supervision when needed and in circumstances requiring specialized training (Chen et al., 2025).
- Contextualized Application of Ethics Codes: Adapt ethical principles to the realities of inpatient care, balancing patient autonomy, safety, and institutional demands. Advocacy for Resources: Champion institutional resources that support ethical practice, such as access to qualified interpreters, appropriate assessment tools, and protected time for consultation and peer supervision.
- Documentation as an Ethical Tool: Meticulous documentation of ethical considerations, decision-making processes, and consultations provides clinical and legal safeguards. Neuropsychological reports, as ethical documents, must clearly articulate assessment limitations, caveats, and the evidentiary basis for all opinions, especially regarding capacity.
- Reflective Prompt: Am I applying ethical principles in a way that not only protects patients but also strengthens trust within the interdisciplinary team?
Conclusion
Ethical challenges in inpatient rehabilitation are complex but not insurmountable. By adopting dynamic capacity assessments, transparent confidentiality practices, rigorous self-monitoring of competence, and vigilant boundary management, neuropsychologists can elevate patient care and uphold professional standards. These strategies mitigate risk, foster trust, optimize outcomes, and reinforce psychology’s invaluable role in rehabilitation medicine.
Ultimately, ethical excellence is not a static achievement but an ongoing commitment. As healthcare systems evolve and patient needs grow more diverse, psychologists are uniquely positioned to lead with clarity, compassion, and integrity. By embracing this responsibility, we ensure that, even in the most demanding environments, patient well-being remains at the forefront of our work and that the profession continues to set the highest standards of care.
References
Allott, K., & Lloyd, S. (2009). The provision of neuropsychological services in rural/regional Settings: Professional and ethical issues. Applied Neuropsychology, 16(3), 193–206. https://doi.org/10.1080/09084280903098760
American Psychological Association. (2017). Ethical Principles of Psychologists and Code of Conduct (2002, amended effective June 1, 2010, and January 1, 2017). https://www.apa.org/ethics/code/
Appelbaum, P. S. (2007). Assessment of Patients’ Competence to Consent to Treatment. New England Journal of Medicine, 357(18), 1834–1840. https://doi.org/10.1056/NEJMcp074045
Barnett, J. E., Lazarus, A. A., Vasquez, M. J. T., Moorehead-Slaughter, O., & Johnson, W. B. (2007). Boundary issues and multiple relationships: Fantasy and reality. Professional Psychology: Research and Practice, 38(4), 401–410. https://doi.org/10.1037/0735-7028.38.4.401
Bush, S. S. (2018). Ethical decision making in clinical neuropsychology. Oxford University Press.
Bush, S. S., & Pimental, P. A. (2018). Ethical issues and solutions in pediatric Neuropsychological assessment. Journal of Pediatric Neuropsychology, 4(1), 4–15. https://doi.org/10.1007/s40817-017-0045-0
Caplan, B. (1982). Neuropsychology in rehabilitation: its role in evaluation and intervention. Archives of Physical Medicine and Rehabilitation, 63(8), 362–366.
Chen, C., Zhang, Y., Guo, Q., Wang, X., & Chen, S. (2025). Core Competencies for Psychological Counselors: A Scoping Review. Behavioral Sciences (Basel, Switzerland), 15(2), 147. https://doi.org/10.3390/bs15020147.
Falagas, M. E., Korbila, I. P., Giannopoulou, K. P., Kondilis, B. K., & Peppas, G. (2009). Informed consent: how much and what do patients understand? American Journal of Surgery, 198(3), 420–435. https://doi.org/10.1016/j.amjsurg.2009.02.010
Grisso, T., & Appelbaum, P. S. (1998). MacArthur Competence Assessment Tool for Treatment (MacCAT-T). Professional Resource Press.
Johnson-Greene D. (2018). Clinical Neuropsychology in Integrated Rehabilitation Care Teams. Archives of Clinical Neuropsychology: The Official Journal of the National Academy of Neuropsychologists, 33(3), 310–318. https://doi.org/10.1093/arclin/acx126
Lavelle-Jones, C., Byrne, D. J., Rice, P., & Cuschieri, A. (1993). Factors affecting the quality of informed consent. British Medical Journal, 306(6882), 885-890. https://doi.org/10.1136/bmj.306.6882.885
Marson, D. C., Ingram, K. K., Cody, H. A., & Harrell, L. E. (1995). Assessing the competency of patients with Alzheimer’s disease under different legal standards: A prototype instrument. Archives of Neurology, 52(10), 949–954. https://doi.org/10.1001/archneur.1995.00540340029010
Mayo, C. D., Scarapicchia, V., Robinson, L. K., & Gawryluk, J. R. (2019). Neuropsychological assessment of traumatic brain injury: Current ethical challenges and recommendations for future practice. Applied Neuropsychology: Adult, 26(4), 383 – 391. https://doi.org/10.1080/23279095.2017.1416472
Moberg, P. J., & Kniele, K. (2006). Evaluation of competency: Ethical considerations for neuropsychologists. Applied Neuropsychology, 13(2), 101–114. https://doi.org/10.1207/s15324826an1302_5
Palmer, B. W., & Harmell, A. L. (2016). Assessment of Healthcare Decision-making Capacity. Archives of Clinical Neuropsychology: The Official Journal of the National Academy of Neuropsychologists, 31(6), 530–540. https://doi.org/10.1093/arclin/acw051
Wong T. M. (2006). Ethical controversies in neuropsychological test selection, administration, and interpretation. Applied neuropsychology, 13(2), 68–76. https://doi.org/10.1207/s15324826an1302_2

Krina S. Patel, PsyD
Correspondence: krinapatelpsyd@gmail.com

Amelia J. Hicks, PhD
Correspondence: Amelia.hicks@mountsinai.org

Eric Watson, PhD, ABPP
Board Certified in Clinical Neuropsychology
Correspondence: Eric.watson@mountsinai.org