mental health -- confidentiality

Share information here.

Moderators: family_man, LindaJM

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

mental health -- confidentiality

Postby Marina » Tue Jun 27, 2006 9:20 pm

mental health -- confidentiality

http://www.apa.org/practice/privacycomments.html

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

HHS - medical privacy

Postby Marina » Tue Jun 27, 2006 9:25 pm

HHS - medical privacy

DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
45 CFR Parts 160 through 164
Rin: 0991-AB08
Standards for Privacy of Individually Identifiable Health Information
AGENCY: Office of the Assistant Secretary for Planning and Evaluation, DHHS.

ACTION: Final rule.

http://aspe.hhs.gov/admnsimp/final/PvcPre01.htm

Marina
Moderator
Posts: 5496
Joined: Sat Feb 25, 2006 3:06 pm

Privileged Communications

Postby Marina » Thu Aug 17, 2006 6:18 pm

http://www.childwelfare.gov/pubs/userma ... ourtsc.cfm

General Powers of the Court

Power To Compel Testimony

In many States, these privileges are eliminated or limited by law in child abuse and neglect cases. Statutes that remove privileges vary from State to State: some eliminate the privilege for reporting purposes only, while others admit evidence of privileged material at trial; some pertain only to civil proceedings, while others apply to criminal matters as well. The relationship of the professional to his/her patient or client may also be significant in determining whether a statutory waiver of privileged communications applies. For instance, a court-appointed psychologist generally will not be bound by privilege, since he/she was appointed for the very purpose of reporting to the court. However, a psychologist with a pre-existing therapeutic relationship with the accused may be prevented from revealing the contents of his/her conversations with the patient. (See the section on privileged communications in a subsequent chapter in this manual entitled "Proving Child Maltreatment in Court.")



http://www.childwelfare.gov/pubs/userma ... i.cfm#comm

Privileged Communications

Statements made to doctors, lawyers, and others in their professional capacity are generally considered privileged and cannot be disclosed in court, unless the patient or client consents to such disclosure. The purpose of this legal rule is to encourage those who seek professional assistance to communicate freely and openly with their service providers without fear of public exposure or legal repercussions.

The scope of these privileges and the particular professional relationships to which they apply varies. In some States, privileges are abrogated by statute in child protection proceedings. In addition, all States have abuse reporting laws that mandate the reporting of suspected child abuse, often even when the reporter's suspicion originates from privileged communications (although lawyers are not usually mandated reporters).

Conversations between husbands and wives are also privileged in most types of cases, which sometimes prevents one spouse from testifying against another. However, in a case alleging child maltreatment, this privilege is generally not applied. Any abuse or neglect is deemed to have already destroyed the family harmony the privilege was designed to protect; moreover, the safety of a child is at stake.


Return to “Psychiatry & Medications”

Who is online

Users browsing this forum: No registered users and 8 guests