AAPL Landmark - Confidentiality and Privilege Flashcards
Board Study
Can a psychiatrist assert privilege for information gathered during treatment when the patient has waived privilege?
No.
In Re. Lifschutz (1970)
The California Supreme Court found that the need for confidentiality in psychotherapy must be balanced with society’s need for determining the truth. They affirmed that the patient, not the therapist, had the right to privacy and, therefore, the exclusive ability to waive that right. So, a psychiatrist cannot assert privilege when the patient has waived that right by initiating a civil suit.
Is patient confidentiality violated by the publication of information, without informed consent, obtained during psychiatric treatment?
Yes.
Doe v. Roe (1977). a Psychiatrist published a book about working with the patient. It violates patient privacy for physicians to publish treatment information without informed consent obtained during psychiatric treatment.
Can a state constitutionally collect personal information about patients receiving prescription prescriptions?
Yes.
Whalen v. Roe (1977). The USSC decided that a state can constitutionally collect personal information about patients receiving prescriptions for narcotics. They reasoned that the NY Act addressed the constitutionally based “zone of privacy” and protected the rights and liberties guaranteed by the 14th Amendment.
Can a psychotherapist’s refusal to respond to a grand jury subpoena lead to a contempt ruling?
Yes.
In Re Subpoena Served upon Zuniga (1983)
The U.S. Court of Appeals for the Sixth Circuit held that a psychotherapist’s refusal to respond to a grand jury subpoena can result in a contempt ruling. The federal rules of evidence recognize psychotherapist-patient privilege but not if the patient had waived the privilege or if there was limited disclosure of patient information.
Does the scope of the physician-patient privilege extend to group therapy?
Yes
State v. Andring (1984). Minnesota case. Physician-patient privilege does extend to group therapy sessions
Can a limited set of records be subpoenaed from a psychiatrist to investigate billing fraud?
Yes.
Commonwealth v. Kobrin, 479 N.E.2D 674 (1985)
The Supreme Court of Mass ruled that records with limited or “sanitized” records were sufficient to meet the subpoena for insurance fraud.
Does the psychotherapist-patient privilege apply to treatment records regarding dangerousness?
No
Menendez v. Superior Court, 834 P.2D 786 (1992)
The California Supreme Court ruled that the psychotherapist-patient privilege was not protected under the “dangerous person” exception. Specifically, treatment records indicating that a patient is dangerous could not be protected.
Should federal courts identify a psychotherapist-patient privilege?
Yes.
Jaffee v. Redmond, 518 U.S.1 (1996)
The USSC ruled that Federal Rule of Evidence 501 protects the conversations between patients and their therapists from compelled disclosure, acknowledging that a “psychotherapist-patient privilege” exists.
