6.0 CONFIDENTIALITY Flashcards
6.1 Informing about limits of confidentiality
A registrant must inform clients at the commencement of the professional relationship of the limits of confidentiality to be maintained by the registrant and by any other person engaged in the provision of psychological services to them who is under the registrant’s supervision.
6.2 No disclosure without written consent
Except as otherwise permitted by law, including this Code, a registrant may only disclose confidential information about a client to a third party if the client has provided written consent. For purposes of determining whether a registrant is permitted or required to disclose confidential information under this Code, an enactment, or otherwise pursuant to law, a registrant may, without the client’s written consent, disclose confidential information to a solicitor, on a confidential basis, to seek legal advice concerning the registrant’s disclosure rights and obligations.
6.3 Multiple clients
When psychological services are rendered to more than one client who have a relationship, whether in a joint session or otherwise, a registrant must at the beginning of the professional relationship:
a) clarify for all clients the manner in which confidentiality will be handled; and
b) provide all clients with the opportunity to discuss and accept whatever limitations to confidentiality apply before proceeding.
6.4 Interested third party
In a situation involving a third party, such as an employee assistance program or an insurance company, in which more than one party has an interest in the psychological services rendered by a registrant to a client, the registrant must, to the extent possible, clarify with all involved parties at the outset of service provision, and throughout the provision of psychological services, as appropriate, the dimensions of confidentiality and professional responsibility that apply to the rendering of the services.
6.5 Limiting access to client records
A registrant must limit access to client records to preserve their confidentiality, and must ensure that all persons working under their authority (e.g., office staff, supervisees, etc.), and colleagues, comply with all confidentiality requirements specified in this Code.
6.7 Disclosure where risk of harm
Subject to Standard 6.8, a registrant may disclose confidential information without the informed written consent of the client if:
a) the registrant determines that disclosure is necessary to protect against a clear and substantial risk of imminent serious harm being inflicted by the client on themself, or on another individual;
b) the registrant determines that disclosure is necessary to protect an identifiable child, consistent with applicable law;
c) the registrant determines that disclosure is necessary to protect a vulnerable adult who by virtue of condition or circumstance is unable to seek support or assistance for abuse or neglect, consistent with applicable law.
d) it is in accordance with any other lawful requirement to do so.
6.8 Limits on 6.7
a) Standard 6.7 does not authorize a registrant to disclose confidential, personal or proprietary information in circumstances where such disclosure would be contrary to any other applicable legal requirements. (con’t next page)
b) Where a registrant makes a disclosure in the circumstances described in Standard 6.7, the registrant must conduct themselves as follows:
1) the registrant must limit disclosure of the information only to those persons or agencies and to that content that is consistent with applicable law; and
2) the registrant must limit disclosure of the information only to those persons or agencies and to that content which would be consistent with this Code of Conduct
6.9 Clients without legal capacity
At the beginning of a professional relationship with a client who is a minor or who is under a legal disability, a registrant must inform the client in an appropriate and understandable way of the legal exceptions to confidentiality regarding communications with the registrant.
6.10 Exceptions to 6.9
Despite Standard 6.9,
a) if the legal guardian of a minor or person under legal disability agrees before psychological services are rendered that certain issues are not to be disclosed to the guardian, a registrant must comply with this agreement, except where there is a risk of harm to self or others, or where another legal requirement for disclosure arises; or
b) if the psychological service is an assessment to determine the best welfare of the minor or person under legal disability, the registrant may limit their discussion of confidentiality limits to that person solely so as not to impair the registrant’s ability to determine the best welfare of the person being assessed. If the registrant has limited their explanation of confidentiality limits for this purpose, the registrant must document the process used for obtaining assent, any omissions in the discussion of confidentiality, the reason(s) for limiting the explanation of confidentiality limits, any foreseeable consequences of doing so, and any associated recommendations for safeguarding the welfare of the minor or person under legal disability.
6.11 Court order
Despite any other provision of this Code, a registrant must comply with a court order requiring the release of confidential information.
6.12 Client access to the clinical record
A registrant must provide access to and permit the reproduction and release of confidential information about a client to that client, when requested, unless there is a significant likelihood that disclosure of the information would cause
a) a substantial adverse effect on the client’s physical, mental, or emotional health or
b) harm to a third party.
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(1) General requirements for release of practice records
When responding to a request for release of confidential information, a registrant must, before releasing all or any part of a practice record, unless otherwise required by law:
a) identify all relevant clients in the matter and ensure that all necessary valid written consents have been obtained to authorize the release of the practice record;
b) clarify which parts of the practice record are relevant to the purpose of the information request;
c) evaluate whether disclosure of the practice records being requested
would engage provisions specified in Standard 6.12 requiring nondisclosure;
d) where non-disclosure of requested practice records appears warranted on a basis set out in Standard 6.12, advise the authorizing party of the basis for withholding material, and offer to provide a summary or a redacted version of the practice record;
e) advise the recipient of any practice records, or any summaries or redacted versions thereof, in writing, of the confidential nature of the documents, and the potential harm to the public of improper use of the information by unqualified individuals; and
f) document all steps taken in responding to the request for release of information, including any bases for releasing and/or withholding information, alternatives offered, etc.
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(2) Release of test material
Before releasing all or any part of test material, in addition to performing the steps set out in subsection (1) above, a registrant must, unless otherwise required by law:
a) determine whether the release of test material without a court order would put the registrant in breach of contractual obligations to a test publisher or otherwise violate applicable law, and act accordingly, including by seeking legal consultation as necessary;
b) carefully consider the requirements for protecting test integrity and security specified in Standards 11. 14 and 11.16; (con’t next page)
c) if a court order or other legal action is required to release the test material, advise the authorizing party of that fact and the basis for the requirement, and offer to provide information helpful to the purpose of the request or to provide a summary of results, with explanations to provide meaning and context, without providing copies of test material; and
d) where unable to release test material without a court order except to another registrant or to a regulated psychological service provider in another jurisdiction, offer to release the test material as so permitted.
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(3) Release of test results
Before releasing test results, in addition to performing the steps set out in subsection (1) [and in subsection (2) if any test results are recorded on test materials] above, a registrant must:
a) ensure compliance with Standard 11.12 when releasing test results to another registrant or a regulated psychological service provider in another jurisdiction;
b) where the intended recipient of the test results is not another registrant or a regulated psychological service provider in another jurisdiction, offer to provide the information to another registrant or to a regulated psychological service provider in another jurisdiction; and
c) advise the recipient of any test results in writing that the College of Psychologists of British Columbia is of the view that test data may easily be misinterpreted, and should be discussed with a professional competent to use or analyze such data.
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(4) Seeking legal advice
Different and sometimes competing legal requirements may bear on a release of information request. It is a registrant’s responsibility to seek legal consultation as needed to ensure that information requests are handled with due consideration of all legal requirements relevant to the particular circumstance at hand.
