Section 6: Confidentiality

Question 1

What must a registrant do in terms of informing about limits of confidentiality?

Answer 1

Inform client at the commitment 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 supervision.

Question 2

Under what circumstance may a registrant only disclose confidential information about a client to a third-party?

Answer 2

Only when a client has provided written consent.

Question 3

What may a registration do without a clients written consent for the purposes of determining whether registration is permitted or required, disclose confidential information under this code, an enactment, or otherwise pursuant to law?

Answer 3

May, without the clients and consent, disclose confidential information to a solicitor on a confidential basis, to seek legal advice concerning the registrants disclosure, right and obligations.

Question 4

What two things must a registrant do at the beginning of the professional relationship when psychological services are rendered to more than one client who have a relationship, whether in a joint session or otherwise?

Answer 4

1) clarify, all clients, the manner in which confidentiality will be handled

2) provide all clients the opportunity to discuss and accept whatever limitations to confidentiality apply before proceeding

Question 5

What mist a registration do 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?

Answer 5

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, they dimensions of confidentiality and professional responsibility that apply to the rendering of the services

Question 6

What must a registrant do in terms of limiting access to client records?

Answer 6

Preserve their confidentiality and must ensure that all persons working under their authority, example office, staff, supervise, etc. and colleagues comply with all confidentiality requirements specified in this code

Question 7

Under what four circumstances may a registrant disclose confidential information without the informed consent of the client?

Answer 7

1) 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 themselves, or on another individual

2) the registrant determines that disclosure is necessary to protect an identifiable, child, consistent with applicable law

3) the registration terms that disclosure is necessary to protect a vulnerable adult, who, by virtue of conduction, or circumstance, is unable to seek supporter assistance for abuse or neglect, consistent with the applicable law

4) it is in accordance with any other lawful requirement to do so

Question 8

The code does not authorize a registrant to disclose confidential personal or property information and circumstances where such disclosure would be contrary to what

Answer 8

Contrary to any other applicable legal requirements

Question 9

When a registrant makes a disclosure due to risk of harm what two things must the registrant do when conducting themselves?

Answer 9

1) limit disclosure of the information, only to those persons or agencies, and to that content that is consistent with applicable law

2) disclosure of the information, only to those persons or agencies, and to that content that which would be consistent with this code of conduct

Question 10

What must a registrant do at the beginning of a professional relationship with a client who is a minor or who is under a legal disability?

Answer 10

Inform the client in an appropriate and understandable way the legal expectations to confidentiality regarding communications with the registrant

Question 11

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 guardian registration must comply with this agreement, except for when?

Answer 11

Except for when there is a risk of harm to sell for others, or where another legal requirement for disclosure arises

Question 12

What may a registrant limit if the psychological service is in the assessment to determine the best welfare of the minor or person under legal disability?

Answer 12

They may limit their discussion of confidentiality limits to the person solely so as not to impair the registrant ability to determine this welfare of the person being assessed

Question 13

What must a registrant do if they have limited their explanation of confidentiality under the circumstance, in which an assessment is done to determine the best welfare of minor or person under legal disability?

Answer 13

Document the process used for obtaining assent, emissions in the discussion of confidentiality, the reasons for admitting 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.

Question 14

If there is a court order for confidential information, what must a registrant do?

Answer 14

Despite any other provision of this code and registration must comply with a court order, requiring the release of confidential information

Question 15

A registration must provide access to, and permit the reproduction and release of confidential information about client to the client when requested unless there’s a significant likelihood that disclosure of the information would cause what two things?

Answer 15

1) substantial adverse effect on the clients, physical, mental or emotional health

OR

2) harm to a third-party

Question 16

Under the code, what does the term practice record refer to? What does it exclude?

Answer 16

The entire client filed contained of any kind of media, excluding any test material.

Question 17

What does the term test material refer to?

Answer 17

Any materials provided by the publisher, or in any other way, forming part of the test administered, including manuals, forms, and other published documents

Question 18

What does the term test results refer to?

Answer 18

Any data including raw summary, or otherwise, collecting through the process of test administration

Question 19

What six things must a registrant do before releasing all or any part of a practice record when responding to a request for release of confidential information unless otherwise required by law?

Answer 19

1) identify all relevant clients in the matter, and ensure that all necessary valid written consents of being obtained to authorize the release of the practice record

2) clarify, which parts of the record are relevant to the purpose of the information request

3) evaluate whether disclosure of the records being requested, would engage provisions, specified in standard, 6.12 requiring non-disclosure

4) where non-disclosure requested appears on a basis, set out and standard 6.12. Advise the authorizing party of the basis for withholding material and offer to provide a summary or a reductive version of the practice record.

5) the recipient of any practice records, or any summaries, or reductive versions there of in writing of the confidential nature of the documents, and the potential harm to the improper use of the information by unqualified individuals

6) document all taken and responding to request of information, including basis for releasing and or withholding information, alternatives offered, etc.

Question 20

What four things must a registrant do before releasing all or any part of test materials, in addition to performing the six steps of general requirements for release of practice records?

Answer 20

1) 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 is necessary

2) carefully consider the requirements for protecting test, integrity and security, specified and standards 11.14 and 11.16

3) if a court order or 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 the explanations to provide meaning and context, without providing copies of test materials

4) where unable to release material without a court order, except to another registrant, or to a regulated psychological service provider in another jurisdiction offered to release the test material as so permitted

Question 21

If any test results are recorded on test materials, what three things must a registrant do before releasing test results? In addition to all the other things that a registrant already has to do before releasing any materials?

Answer 21

1) ensure compliance with standard 11.12 when releasing test results to another registrant, or a regulated, psychological service provider and another jurisdiction

2) where the intended recipient of the test results is not another registrant, or a regulated, psychological service provider another jurisdiction offered to provide the information to another registration, or to a regulated, psychological service provider in another jurisdiction

3) advise the recipient of any test results in writing that the college of psychologist of British Columbia is of the view that test out may easily be misinterpreted, and should be discussed with a professional competent to use or analyze such data

Question 22

Different and sometimes competing legal reports may bear on a release of information request. What must the registrant do in the situations?

Answer 22

It is a registrants responsibility to seek legal consultation as needed to ensure that information request are handled with due consideration of all legal requirements, relevant to the particular circumstance at hand.

Question 23

What must a registrant do when a registrant has been retained by a lawyer for a legal matter relating to a client?

Answer 23

The registrant must advise a lawyer of any request for the release of practice records, test, shields, or test results prior to releasing any part of the material

Question 24

What must a registrant do when a client or the clients legal guardian has requested that practice records, test materials and or test results? Be released to another registrant or psychological service provider?

Answer 24

The registrant must comply with all applicable subsections above i.e. all sections in 6.13 prior to releasing any information.

Question 25

When rendering psychological services is part of a professional team, or when interacting with other professionals concerning the welfare of a client or registration, may share confidential information about the client under what two circumstances?

Answer 25

1) the registrant, takes steps to ensure that all persons receiving in the information informed about the confidential nature of the information in accordance with the code

2) the registrant informs the client in advance of the clients, confidential information will be shared with other members of the professional team

Question 26

After the professional relationship between the registrant and a client has ended what must a registrant do in terms of ongoing confidentiality?

Answer 26

Must continue to treat as confidential all information regarding a client

Question 27

Under what circumstance is a registrant not in breach of the confidentiality obligation to their clients?

Answer 27

When the registrant provides their clinical records or other documents related to the practice to authorized persons and response to request from the college, and the course of an investigation of a complaint by registration matter, or quality assurance matter.

Question 28

What must a registrant not do in terms of writings and lectures?

Answer 28

Must not disclose their writing, lectures or other public media, any confidential, personal, identical, viable information concerning their individual client, or organizational clients students, research, participants, or other resistance of their psychological services that they obtain during the course of their work or performance of those services unless the individual or organization has consented in writing

Question 29

If a client or organization has consented in writing that a registrant can use their information in writing and lectures. What must the registrant do when presenting this information?

Answer 29

The registrant must disguise, confidential information concerning the individuals or organizations, to prevent those individuals or organizations from being identified by others, and to prevent the presentations from causing harm to those individuals organization, who may be able to identify themselves