Psychotherapist-Patient Privilege, Section 90.503 (1) Flashcards

1
Q

Who can claim privilege?

A
  1. The patient
  2. ** patient’s attorney **(on the patient’s behalf).
  3. A guardian or conservator of the patient.
  4. The personal representative of a deceased patient.
  5. The psychotherapist, but only on behalf of the patient. The authority of a psychotherapist to claim the privilege is presumed in the absence of evidence to the contrary

Hint: 5 (groups) of people

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2
Q

The term “Psychotherapist” can be used by the following professionals

A
  1. A physician or someone authorized to practice medicine
  2. licensed psychologist
  3. licensed CSW, (Clinical Social worker)
  4. licensed Marriage/Family therapist
  5. Licensed Mental Health Counselor
  6. Treatment personnel of state facilities or community mental health centers

Hint: 6 groups counting a Licensed psychologist

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3
Q

Exceptions to Psychotherapist-Patient Confidentiality

A
  1. People present and helping with the consult
  2. People needed for the transmission of communication
  3. People participating in assessment or treatment under direction of psychotherapist
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4
Q

No Privilege if…

A
  1. Involuntary hospitalization communications
  2. Communications made in course of court-ordered exam of mental health
  3. If patient relies upon mental health condition as an element of claim of defense or claim (incl. after patient’s death)
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