CA Laws for Clinical Practice Flashcards
Exceptions to Privilege: Evidence Code 1016
no privilege when the patient raises the issue of his or her mental or emotional condition in litigation.
Exceptions to Privilege: Evidence Code 1017
no privilege when the therapist is appointed by the court to examine the patient; psychologist must inform patient in advance about limits of confidentiality; excludes
situations in which psychologist is hired to provide attorney for defendant with information upon which to base the defense
Exceptions to Privilege: Evidence Code 1018
no privilege when services of the therapist
are sought to aid patient in committing a crime or escaping apprehension after committing a crime
Exceptions to Privilege: Evidence Codes 1019, 1021, 1022
no privilege as to communication relevant to parties who are claiming through a deceased person, regarding a deed, will, or other document executed by the patient
Exceptions to Privilege: Evidence Code 1020
no privilege when either therapist or patient alleges a breach of duty
Exceptions to Privilege: Evidence Code 1023
no privilege in proceeding initiated at request of defendant to determine his or her sanity
Exceptions to Privilege: Evidence Code 1024
no privilege when therapist believes patient’s emotional condition causes him or her to be a danger to self, others, or property, and disclosure is necessary to prevent danger
Exceptions to Privilege: Evidence Code 1025
no privilege in proceedings brought by patient to establish his or her competence
Exceptions to Privilege: Evidence Code 1026
no privilege when therapist is required to make a report, if report is open to public inspection
Exceptions to Privilege: Evidence Code 1027
No privilege if patient is under 16 years of age, has been victim of a crime, and disclosure is in the best interest of the child
Treatment Records: Time frame for record requests
5 working days – Inspection of records
10 working days – Treatment summary
15 days – Copy of records
30 days – Complex treatment summary
72-hour hold (5150/5585)
Someone who as a result of a mental disorder is a danger to self (suicidal only), danger to others, or gravely disabled may be involuntarily held.
A minor can only be held involuntarily if guardian is not available for consent. Treatment facility must attempt to notify parent.
5150 for adults. 5585 for minors.
14-day hold/certification (5250)
A person can by certified for up to 14 days of intensive treatment if after a person is detained for 72 hours, the person remains a
danger to self, others, or is gravely disabled as a result of a mental disorder or impairment due to chronic alcoholism
The person must have been advised of the need for additional voluntary treatment, but refused to accept voluntary treatment
Entitled to a certification review hearing within four days of the date of certification
Post-Certification holds (following the initial 14-day hold)
5260 – At the expiration of the 14-day hold (5250), a patient who continues to present an imminent threat of suicide may be confined for an additional 14 days; not renewable
5300 – At the expiration of the 14-day hold (5250), a patient who continues to present an imminent threat of danger to others may be
confined for up to 180 additional days; the 180-day hold can be renewed
5270.15 – At the expiration of the 14-day hold (5250), a patient who remains gravely disabled may be certified for an additional 30 days; cannot continue confinement after 30 days unless a petition for conservatorship has been filed during the hold
Child Abuse Reporting time frame
reported to any police department, sheriff’s office, or county welfare department (CPS) immediately or as soon as possible, a written report follows within 36 hours.
