Term
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Definition
-Clt's legal right not to have confidential info revealed during a legal proceeding
-Protects clts from having confidences revealed publicly w/o permission
-Applies to interns, trainees, associates and licensees
-Also exists between mental health professionals corporation + clt who is receiving prof services 4m that corp |
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Term
The right to hold, assert, and waive privilege-Who is the HOLDER Of PRIVILEGE?
CA Evidence Code 1013 |
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Definition
a.the patient (regardless of age) when there is no guardian
b.A guardian OR conservator
c.Personal rep if patient is dead
d.All members of tx unit (fam,ind,couple) |
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Term
| Who can assert privilege? |
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Definition
-person who holds privilege
-Mental health prof until directed to do otherwise by clt or by court order
-MFT, SW...
-mental health prof do not assert privilege upon a court order. In this case, what ever is specified in the court order must be disclosed.
-MHP who are subpoenaed abt a clt who is court-ordered or on probation or parole or incarcerated has privilege |
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Term
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Definition
-A clt waives privilege
-A guardian or legally designated conservator
-If court has appointed an attorney as guardian
-Judge can waive privilege if clt has no legal designated conservator or guardian
-personal rep if clt is deceased |
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Term
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Definition
-Minor holds privilege unless there is legally designated guardian or conservator
-Parents may not exercise the privilege on behalf on child UNLESS they are designated as a guardian by court "ad litem" |
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Term
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Definition
A therapist who receives a subpoena for the records of a minor clt -would confirm who is acting as the minors guardian ad litem and obtain written consent whether to assert or waive privilege on behalf of minor
-An ind cannot act as a guardian ad litem unless s/he is rep by an attoreny or is an attorney |
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Term
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Definition
-If the clt has introduced his/her emotional condition in a legal proceeding (code 1016)
-if there was a breach of duty
ex: therapist sues clt for non payment
clt sues therapist for malpractice |
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Term
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Definition
-If therapist has been appointed by the court to examined clt 1017
-If clt sought psychotherapy to commit a crime and/or escape punishment for a crime
-If clt is under 16yrs + VOC |
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Term
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Definition
In a proceeding requested by a defendant to determine sanity
-If clt is dangerous to self or others. No privilege if Tarasoff
-If a coroner request info in the course of an investigation of deaths involving public health concerns (abuse,suicide, poisoning,accidents, SIDS, unknown deaths
-Establish competence |
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Term
| Responding to Search Warrant |
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Definition
| If a search warrant names the therapist as being suspected of criminal activity, the records that the search is seeking must be surrender |
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Term
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Definition
| Commands a witness to appear before the court in order to produce a testimony in oral or written form. |
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Term
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Definition
Judge or attorney
gives recipients at least 5 days notice to produce documents |
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Term
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Definition
| Because of psychotherapist-patient privilege therapists have a legal duty to assert privilege. |
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Term
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Definition
| In a court order, a therapist must provide everything that the court order demands. Asserting privilege is NOT an option. |
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Term
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Definition
| 1.Therapist must contact clt or clt's legal rep to assert or waive the psychotherapist client privilege. 2. Release authorization to talk to clt's attorney to clarify info about uncertainties betclt and therapist and/or to determine if the clt and attorney agree on asserting or waiving psychotherapist-clt privilege |
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Term
| If clt decides to assert privilege |
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Definition
1.Clt's attorney files a motion to squash the subpoena
2.Judge grants/denies
3.Therapist should obtain a signed document by clt or attorney decision to assert of waive privilege |
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Term
| clt decides to waive privilege |
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Definition
1.Clt signs waiver of privilege for records
2.Therapist turns over whatever records or info is south
3.Therapist may not produce summary of records south w/o court permission |
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Term
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Definition
| Testimony given by a witness under oath outside the courtroom in the course of a judicial proceeding. |
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Term
| What is a percipient witness? |
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Definition
| Fact Witness, testifies regarding the facts of tx or impressions of the facts- no opinions abt tx or patient |
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Term
| what is an expert witness? |
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Definition
| Opinion witness,testimony regarding diagnosis, prognosis, or tx decisions is considered opinion evidence |
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Term
| Testifying in court-be ready to disclosed |
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Definition
1. presenting problem
2.Diagnosis and Justification
3.tx plan info
4.Therapeutic techniques
5.Progress
6.Consultation w/ other proff |
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