Confidentiality and Privilege

Question 1

Confidentiality

Answer 1

The obligation of psychologists to protect clients from unauthorized disclosure of information revealed in the context of the professional relationship

Question 2

Maintaining Confidentiality

Answer 2

legal and ethical obligation, information can’t be released without client consent

Question 3

Confidentiality Exceptions

Answer 3

Medical emergency, when the client is a danger to self or others, to report child or elder abuse

Question 4

Requirements to breach confidentiality

Answer 4

a) Client communicates serious threat of physical violence against a reasonably identifiable victim(s)
b) Reasonably suspect a minor is being abused
c) Reasonably suspect elder or dependent adult is being abused
d) A court orders the psychologist to release records or provide testimony
e) Patriot Act (2001); required to provide FBI with certaiun client information and states that psychologists are prohibited from telling the client or anyone else that the FBI has requested information under the act

Question 5

Consultation (confidentiality)

Answer 5

Psychologist should share only information that is relevant to the purpose of the consultation and not confidential information that could lead to the identification of the client unless they have obtained prior consent.

Question 6

Discussing limits of confidentiality

Answer 6

a) Discuss with persons, including extent possible legal representatives, organizations, etc. the limits of confidentiality and foreseeable use
b) Unless not feasible or contraindicated, confidentiality occurs at the outset of the relationship
c) Psychologists who offer services via electronic transmission inform of the risks to privacy and limits of confidentiality

Question 7

Confidentiality and third parties

Answer 7

Psychologists who provide services at the request of a third party clarify the nature of their relationship with each involved party at the outset

Court-ordered evaluations, seeing a minor in therapy at the request of a parent

Psychologists providing services through organizations provide information to clients and others directly affected and limits of confidentiality

Question 8

Fitness-for-duty evaluations (confidentiality)

Answer 8

If employer requests fitness for duty eval to determine psychological factors interfering with employees ability to perform essential job functions, employee is ordinarily asked to sign an auth to release confidential information prior, if employee refuses to do so, employer has a right to limited information (can perform essential job function, if limitations will affect emplyees ability, an dif accommodations are needed).

Question 9

Employee Assistance Program (EAP)

Answer 9

Confidenality can only be breached in same situations as other contexts (danger to self, others)

Question 10

Multi-client situations (confidentiality)

Answer 10

Group therapy, members are not legally obligated to maintain confidentiality but herapists must stress the importance of doing so, discuss group confidentiality from ethics code stndard, and reminder for group members along the way

Question 11

Confidentiality (clients who are minors)

Answer 11

Parents have a legal right to be informed of informtion revealed by their minor child during the course of their treatment. Good strategy is to obtain agreement with all partieis about what information will be disclosed to parents.

Question 12

Privilege

Answer 12

also known as “testimonial privilege”, legal term that refers to persons right not to have confidential information revealed in a legal proceeding. Privilege only applies to court proceeding, deposition, or administrative hearings.

Question 13

Holder or privilege

Answer 13

a) Patient when they have no guardian or conservator
b) Guardian or conservator of the patient when the patient has a guardian or conservator
c) The personal representative of the patient if the patient is dead

CA: Minors are considered the holders of the privilege in california, may rely on adults to claim or waive privilege on their behalf.

Question 14

Claim the privilege

Answer 14

Psychologist may claim privilege on behalf of the client when asked to disclose confidential information in a legal proceeding and only release information if ordered to do so by the court, the client, or the clients representative consents to the release.

Question 15

Exceptions to privilege

Answer 15

Not applied in legally defined circumstances:

a) Client authorizes release of information
b) Psychologist is legally mandated to breach confidentiality (abuse)
c) Client has disclosed a significant part of the information to a third party
d) Situation represents a legally defined exception to privilege