Psychotherapist-Patient Privilege, Section 90.503 (1) Flashcards
1
Q
Who can claim privilege?
A
- The patient
- ** patient’s attorney **(on the patient’s behalf).
- A guardian or conservator of the patient.
- The personal representative of a deceased patient.
- 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
2
Q
The term “Psychotherapist” can be used by the following professionals
A
- A physician or someone authorized to practice medicine
- licensed psychologist
- licensed CSW, (Clinical Social worker)
- licensed Marriage/Family therapist
- Licensed Mental Health Counselor
- Treatment personnel of state facilities or community mental health centers
Hint: 6 groups counting a Licensed psychologist
3
Q
Exceptions to Psychotherapist-Patient Confidentiality
A
- People present and helping with the consult
- People needed for the transmission of communication
- People participating in assessment or treatment under direction of psychotherapist
4
Q
No Privilege if…
A
- Involuntary hospitalization communications
- Communications made in course of court-ordered exam of mental health
- If patient relies upon mental health condition as an element of claim of defense or claim (incl. after patient’s death)