Privilege Flashcards Preview

Law and Ethics exam > Privilege > Flashcards

Flashcards in Privilege Deck (23):
1

Privilege is the client's ? right not to have confidential information revealed during a ?

legal / legal proceeding

2

Who holds privilege 4

1. the client regardless of age
2. all members of the treatment unit
3. A guardian ad litem or conservator
4. the personal representative of dead patient

3

10 Exceptions to Privilege
1. When the client has introduced his/her ? in a legal proceeding.

emotional condition (e.g. sexual harassment caused emotional distress)

4

10 Exceptions to Privilege
2. When the client has treated confidential information as though ?

it were not confidential (e.g. TV star talks about her problem on TV)

5

10 Exceptions to Privilege
3. when there is a breach of duty - 2 occasions

the client sues the therapist for malpractice
or
therapist sues client for non-payment (content of therapy remains confidential)

6

10 Exceptions to Privilege
4. When the therapist has been appointed by ? to examine the client

court (e.g. to determine mental capacity to stand the trial)

7

10 Exceptions to Privilege
5. When the client has sought psychotherapy to commit ? and/or escape ?

crime
punishment for a crime

8

10 Exceptions to Privilege
6. When the client is under ? years of age and has been the ? of crime.

16 / victim

9

10 Exceptions to Privilege
7. In a proceeding requested by a defendant to ?

determine sanity

10

10 Exceptions to Privilege
8. When the psychotherapist has reasonable cause to believe that the patient is in such ? condition as to be dangerous to ?3 and that disclosure of the communication is necessary to ?

mental/emotional condition
dangerous to himself/person/property
prevent the threatened danger

11

10 Exceptions to Privilege
9. In a proceeding brought by or on behalf of a client to ?

establish competence

12

10 Exceptions to Privilege:
10. When a ? requests information in the course of an investigation of deaths involving public health concerns, abuse, suicides, poisonings, accidents, SIDS, suspicious deaths, unknown deaths, criminal deaths.

coroner

13

Subpoena
Subpoena can be issued by?

lawyer or judge

14

Subpoena
When receiving subpoena, what do I do the FIRST thing?

contact client

15

Subpoena
After receiving subpoena, if I cannot reach client, what do I do?

initially assert privilege on behalf of the client

16

Subpoena
If a client wants to waive privilege, what should I do?

have the client sign a waiver of privilege

17

Subpoena
If a therapist believes it is an exception to privilege, they should do?

still assert privilege and let the court decide

18

Subpoena
If a client wants to waive privilege and the therapist believes it would be harmful to the client, the therapist should?

inform the client (=ethical obligation)

19

A court order is equal to?

Subpoena by judge

20

When a therapist received a court order (subpoena by judge), what should they do?

they must provide the requested information

21

When a therapist received a subpoena by lawyer, what should they do?

they don't need to provide information immediately and can wait for a court order.

22

If law and ethics exam question doesn't say who the subpoena is from, what do I assume?

it is from lawyer

23

If I receive subpoena to testify in the court, what do I do?

ALWAYS consult with my lawyer.