Lecture 5.pdf - MENTAL HEALTH LAW Alan J Fridlund Ph.D May...

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MENTAL HEALTH LAW Alan J. Fridlund, Ph.D. May, 2016
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Confidentiality: Mental health Information cannot be released without patient consent except in specific circumstances: DUTY TO WARN/PROTECT: A patient (or his/her immediate family member) communicates a serious threat of physical violence against a reasonably identifiable victim or victims (Note: past crimes are not reportable). The psychologist has reasonable cause to believe a patient is a danger to him/herself and disclosure of information is necessary to avert the danger. Within the psychologist’s professional role, he/she comes to reasonably suspect that an under - 18 child, or an elder or dependent adult, is being abused or neglected. A court orders the psychologist to release records or provide testimony that is needed as evidence in a legal proceeding. A patient has agreed within a managed - care environment to release records routinely to the HMO’s electronic medical records (EMR) database. There is a Section 215, Patriot Act of 2001, order to provide the FBI with certain patient information that psychologists are prohibited from disclosing to either the patient or anyone else.
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Duty to Warn/Protect ( Tarasoff v. UC Regents, 1974; Ewing v. Goldstein, 2004). There must be (a) “reasonably identifiable victim(s)” and a “serious threat of physical violence.” “Serious” is usually taken to mean “imminent” and can take into account the client’s history of violence and threats. The information leading to such action can come from the patient or “immediate family members.” If a client’s dangerous is due to a mental disorder, then voluntary or involuntary hospitalization is an option.
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  • Spring '10
  • Fridlund,A
  • Psychiatry, Involuntary commitment, Sexual intercourse, Human sexual behavior, Psychiatric hospital

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