Wednesday, October 15, 2014

Statutes, case law, and regulations


Professional disclosure statement tells clients about:
o Informed Consent/parent notification for counseling or assessment
o Parent, legal guardians, and appointed surrogates
o Document parent notifications
o Rights to educational records FERPA
o Procedural Safeguards
o Document parent notifications
o HIPAA


Confidentialityo Ethical obligation of therapist to keep communications and protocols private.
o May be charged in contempt of court if psychologist refuses to testify about a client.

Exceptions:o Child abuse reporting laws: mandated to report the suspicion of child abuse or neglect. (in some states this is required of all citizens not just counselors)
o Duty to warn: if therapist establishes there is a likelihood that client will cause harm to him/herself or to someone else and the therapist knows who that victim may be.
o Baker Act

Privilege- Legal right, owned by the client, which is an exception to the general rule that the public has a right to relevant knowledge in court proceedings. This means information revealed in session is not permitted in court. Procedural safeguards.

Appropriate standard of care- how most therapists would treat a case under similar circumstances. Those who do not follow this are at risk for malpractice.

Dual relationship- occur when Psychologist does not keep appropriate boundaries and thereby blends personal or business relationships with the therapeutic/evaluation relationship.

Secret policies- written statements about how information shared privately will be handled by the therapist. Must be signed by both parties. If counseling a minor he/she must be informed that information discussed will not be confidential.