Privilege

Question 1

Privilege is the client’s ? right not to have confidential information revealed during a ?

Answer 1

legal / legal proceeding

Question 2

Who holds privilege 4

Answer 2

1. the client regardless of age
2. all members of the treatment unit
3. A guardian ad litem or conservator
4. the personal representative of dead patient

Question 3

10 Exceptions to Privilege

1. When the client has introduced his/her ? in a legal proceeding.

Answer 3

emotional condition (e.g. sexual harassment caused emotional distress)

Question 4

10 Exceptions to Privilege

2. When the client has treated confidential information as though ?

Answer 4

it were not confidential (e.g. TV star talks about her problem on TV)

Question 5

10 Exceptions to Privilege

3. when there is a breach of duty - 2 occasions

Answer 5

the client sues the therapist for malpractice
or
therapist sues client for non-payment (content of therapy remains confidential)

Question 6

10 Exceptions to Privilege

4. When the therapist has been appointed by ? to examine the client

Answer 6

court (e.g. to determine mental capacity to stand the trial)

Question 7

10 Exceptions to Privilege

5. When the client has sought psychotherapy to commit ? and/or escape ?

Answer 7

crime

punishment for a crime

Question 8

10 Exceptions to Privilege

6. When the client is under ? years of age and has been the ? of crime.

Answer 8

16 / victim

Question 9

10 Exceptions to Privilege

7. In a proceeding requested by a defendant to ?

Answer 9

determine sanity

Question 10

10 Exceptions to Privilege
8. When the psychotherapist has reasonable cause to believe that the patient is in such ? condition as to be dangerous to ?3 and that disclosure of the communication is necessary to ?

Answer 10

mental/emotional condition
dangerous to himself/person/property
prevent the threatened danger

Question 11

10 Exceptions to Privilege

9. In a proceeding brought by or on behalf of a client to ?

Answer 11

establish competence

Question 12

10 Exceptions to Privilege:
10. When a ? requests information in the course of an investigation of deaths involving public health concerns, abuse, suicides, poisonings, accidents, SIDS, suspicious deaths, unknown deaths, criminal deaths.

Answer 12

coroner

Question 13

Subpoena

Subpoena can be issued by?

Answer 13

lawyer or judge

Question 14

Subpoena

When receiving subpoena, what do I do the FIRST thing?

Answer 14

contact client

Question 15

Subpoena

After receiving subpoena, if I cannot reach client, what do I do?

Answer 15

initially assert privilege on behalf of the client

Question 16

Subpoena

If a client wants to waive privilege, what should I do?

Answer 16

have the client sign a waiver of privilege

Question 17

Subpoena

If a therapist believes it is an exception to privilege, they should do?

Answer 17

still assert privilege and let the court decide

Question 18

Subpoena

If a client wants to waive privilege and the therapist believes it would be harmful to the client, the therapist should?

Answer 18

inform the client (=ethical obligation)

Question 19

A court order is equal to?

Answer 19

Subpoena by judge

Question 20

When a therapist received a court order (subpoena by judge), what should they do?

Answer 20

they must provide the requested information

Question 21

When a therapist received a subpoena by lawyer, what should they do?

Answer 21

they don’t need to provide information immediately and can wait for a court order.

Question 22

If law and ethics exam question doesn’t say who the subpoena is from, what do I assume?

Answer 22

it is from lawyer

Question 23

If I receive subpoena to testify in the court, what do I do?

Answer 23

ALWAYS consult with my lawyer.