Confidentiality and Privilege Flashcards
What are the limits of confidentiality?*
1) When client’s mental state presents a danger to self or others, or property of others
2) Child abuse
3) Elder abuse
4) When written release is obtained from client to speak to third party
5) When legal action is present
Saying hello to clients in public?
Only say hello when a client says hello first. Maintain as much of a boundary as possible. Saying hello to a client first is considered to be a breach of confidentiality.
Definition of confidentiality
The therapist’s ethical duty to protect client communication.
Definition of privilege
The patient’s right to keep confidential communications from being disclosed in a legal proceeding.
Who holds privilege?
1) the patients
2) the guardian or conservator
3) the patient’s personal representative
Who can claim privilege?
1) the holder
2) an authorized person
3) the psychotherapist
Who can authorize a waiver of privilege?
The holder ONLY
If you receive a subpoena
1) Review procedure
2) Contact client, see if they want to assert privilege
3) Obtain release of information from client if they want you to speak with their attorney
4) Respond to subpoena
5) Bring information with you and assert privilege
6) If judge rules against upholding privilege, release records
Evidence Code 1018
No privilege exists when the services of the therapist are intended to help a patient commit a crime or escape apprehension
Evidence Code 1019, 1021, 1022
No privilege exists when therapist has important information that is necessary to carry out the deed, will or other document of a deceased patient
Evidence code 1020
No privilege exists when patient or therapist alleges a breach of duty. (one suing the other)
Evidence code 1023
no privilege exists in proceedings initiated at the request of defendant to determine his or her sanity
Evidence code 1024
no privilege exists when therapist believes patients emotional condition causes him or her to be a danger to self, others or property, and disclosure is necessary to prevent danger
Evidence code 1025
No privilege exists in proceedings brought by patient to establish his or her competence
Evidence code 1026
no privilege exists when therapist is required to make a report, if report is open to public inspection
Evidence code 1027
no privilege exists if patient is under the age of 16, has been a victim of a crime and disclosure is in the best interest of the child
Evidence code 1016
no privilege exists when the patient raises the issue of mental health
Evidence code 1017
no privilege exists when the therapist is appointed by the COURT to examine patient. This does not include situations where a psychologist is hired by an ATTORNEY to provide information for the base of the defense. (distinction: court vs. attorney)
