Legal Privilege and Confidential Communications Quiz
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Questions and Answers

What is the impact of disclosure of communications by a certified advocate?

  • It is not a waiver if necessary to accomplish the consultation purpose. (correct)
  • It prohibits any further disclosures without consent.
  • It can only be to individuals within the institution.
  • It always waives the privilege established.

Which of the following statements is true regarding voluntary disclosure of confidential communications?

  • Offering a significant part of a communication as evidence waives the privilege. (correct)
  • Commencement of litigation itself counts as voluntary disclosure.
  • Voluntary disclosure is waived by the presence of the media at executive sessions.
  • Voluntary disclosure occurs if someone testifies to a physical condition only.

Which proceedings does the privilege apply to?

  • A combination of civil, criminal, and certain administrative proceedings. (correct)
  • Only civil proceedings.
  • Institutional disciplinary proceedings at post-secondary institutions.
  • Criminal and administrative proceedings exclusively.

What is not considered voluntary disclosure according to the statute?

<p>Disclosure in response to a public records request. (D)</p> Signup and view all the answers

What type of data can be disclosed without violating the privilege?

<p>Aggregate, non-personally identifying data. (B)</p> Signup and view all the answers

What happens if a person voluntarily discloses a significant part of a privileged communication?

<p>The privilege is waived for that communication. (B)</p> Signup and view all the answers

In legal proceedings, when does voluntary disclosure take place?

<p>When a significant part of a privileged communication is presented as evidence. (D)</p> Signup and view all the answers

Which of the following could NOT waive the privilege established under the statute?

<p>The certified advocate disclosing information to another certified advocate. (D)</p> Signup and view all the answers

Who can receive confidential communications from a victim?

<p>Persons present to further the interests of the victim (C)</p> Signup and view all the answers

What defines a 'qualified victim services program'?

<p>A nonprofit community-based program providing specific services to victims (A)</p> Signup and view all the answers

What does the term 'victim' refer to in this context?

<p>A person seeking advocacy services related to specific crimes (A)</p> Signup and view all the answers

What types of records are protected under the privilege described?

<p>Records created or maintained during service provision (C)</p> Signup and view all the answers

Under what circumstance can the privilege of confidentiality be overridden?

<p>In a situation requiring defense in legal actions against the advocate (D)</p> Signup and view all the answers

What is one of the rights established for individuals regarding their protected health information in Oregon?

<p>The right to have their protected health information safeguarded from unlawful use or disclosure. (C)</p> Signup and view all the answers

Which federal regulation complements the policy for protected health information in Oregon?

<p>Health Insurance Portability and Accountability Act (HIPAA) privacy regulations. (B)</p> Signup and view all the answers

What types of services must a qualified victim services program offer?

<p>Safety planning, counseling, support, or advocacy (C)</p> Signup and view all the answers

What does the policy in Oregon state regarding access to facilities related to the system?

<p>Reasonable access is required to facilities, including residents and staff. (B)</p> Signup and view all the answers

Who is excluded from receiving confidential communications from a victim?

<p>Individuals who are not involved in counseling or advocacy (D)</p> Signup and view all the answers

What is not limited by the provisions outlined in the document?

<p>The rights expressed in ORS 192.553 to 192.581. (D)</p> Signup and view all the answers

Which of the following statements about confidentiality is true?

<p>Confidential communications are protected during advocacy and counseling services (B)</p> Signup and view all the answers

What can individuals do with their protected health information according to the policy?

<p>Access and review their protected health information. (C)</p> Signup and view all the answers

What must a mental health care provider do if they assess a minor to be at serious risk of suicide but inpatient treatment is not necessary?

<p>Engage in safety planning with the minor's parents or guardians. (A)</p> Signup and view all the answers

Under what conditions can a mental health care provider disclose a minor's treatment information to a third party?

<p>If they determine it is necessary for the minor's treatment. (C)</p> Signup and view all the answers

What criteria prevents a mental health care provider from disclosing a minor's information to a specific individual?

<p>The provider believes the individual may harm the minor. (A)</p> Signup and view all the answers

What is the role of the minor's consent in the disclosure of treatment information?

<p>Disclosure can proceed if the minor does not object after being given the opportunity. (A)</p> Signup and view all the answers

What is a required action for mental health care providers regarding minor patients and their guardians?

<p>Ensure safety planning involves discussions with guardians if necessary. (D)</p> Signup and view all the answers

What must a mental health care provider consider before disclosing information to individuals involved in a minor's treatment?

<p>The individual's prior behavior and potential threat to the minor. (C)</p> Signup and view all the answers

What is one situation in which a provider is not required to disclose a minor's treatment information?

<p>If disclosure may lead to the individual abusing or neglecting the minor. (A)</p> Signup and view all the answers

What must be determined by the mental health care provider before disclosing a minor's information?

<p>What information is most relevant to disclose. (C)</p> Signup and view all the answers

What does 'history of sexual assault' refer to?

<p>Engaging in unlawful sexual conduct that endangers another person's life. (C)</p> Signup and view all the answers

Which of the following terms describes a person with psychopathic features and a history of sexual assault?

<p>Sexually violent dangerous offender (D)</p> Signup and view all the answers

Under what circumstances does subsection (2) mandate life post-prison supervision?

<p>If the person was 18 or older and a sexually violent dangerous offender. (D)</p> Signup and view all the answers

Which crime listed in subsection (3) involves forcible compulsion of the victim?

<p>Sodomy in the first degree (C)</p> Signup and view all the answers

What is a key requirement for the presentence investigation as stated in ORS 137.767?

<p>The district attorney must motion for it. (A)</p> Signup and view all the answers

What defines a person as incapable of consent according to the specified crimes?

<p>Mental incapacitation or physical helplessness (A)</p> Signup and view all the answers

Which of the following crimes does NOT require post-prison supervision for life?

<p>Disorderly conduct (D)</p> Signup and view all the answers

What does the term 'psychopathic personality features' imply in the context of sexually violent dangerous offenders?

<p>Character traits leading to significant risk of reoffending (B)</p> Signup and view all the answers

What must a court find in order to amend the judgment and impose a lesser sentence?

<p>The petitioner does not present a substantial probability of committing a crime. (C)</p> Signup and view all the answers

How long must pass after the denial of a petition before a person can petition again for a resentencing hearing?

<p>Not less than five years. (A)</p> Signup and view all the answers

Under what circumstances can written accounts of adults in custody be disclosed?

<p>With authorization from the Department of Corrections or by court order. (C)</p> Signup and view all the answers

What constitutes a Class B violation according to ORS 179.495?

<p>Unauthorized disclosure of written accounts. (D)</p> Signup and view all the answers

What is required for the court to retain the authority to modify its judgment and sentence?

<p>A resentencing hearing must be ordered. (A)</p> Signup and view all the answers

What defines 'written accounts' in the context of ORS 179.495?

<p>Official documents maintained by authorized officers. (B)</p> Signup and view all the answers

Which of these is NOT an authorization basis for disclosure under ORS 179.495?

<p>Based on a family member's request. (B)</p> Signup and view all the answers

What can a person sentenced under ORS 137.765 expect after petitioning for resentencing?

<p>A new court hearing to evaluate the petition. (B)</p> Signup and view all the answers

Flashcards

Confidential Communication

A written or oral message intended to remain private, only shared with specific individuals involved in the victim's support.

Who can access confidential communications?

Only those present during the communication, those needed for transmission of the information, and other individuals within group counseling.

Qualified Victim Services Program

Non-governmental, nonprofit organizations providing support to victims of domestic violence, sexual assault, or stalking.

Who qualifies as a Victim?

A person receiving safety planning, counseling, support, or advocacy services related to domestic violence, sexual assault, or stalking at a qualified program.

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Victim's Privilege

The right to refuse to disclose or prevent others from disclosing confidential communications and records made during their support.

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When does the Victim's Privilege apply?

This privilege applies during safety planning, counseling, support, or advocacy services provided by a certified advocate.

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Exception to the Victim's Privilege

Disclosure of confidential information is allowed if necessary for defense in legal actions against the advocate or the victim services program.

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Who can disclose confidential information?

Only to the extent necessary for defense in civil, criminal, or administrative actions against the advocate or the program.

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What is the Victim's Privilege?

The right of a victim to refuse to disclose or prevent others from disclosing confidential communications and records made during their support services. This privilege protects the privacy and safety of victims.

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Who is a 'Victim' in this context?

A person receiving safety planning, counseling, support, or advocacy services related to domestic violence, sexual assault, or stalking at a qualified program.

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What is a 'Qualified Victim Services Program'?

Non-governmental, nonprofit organizations that provide support to victims of domestic violence, sexual assault, or stalking.

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When is the Victim's Privilege waived?

The privilege is waived if the victim, or their representative, voluntarily discloses or consents to disclosure of a significant part of the confidential information.

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What are some exceptions to the Victim's Privilege?

The privilege does not apply if necessary for defense in legal actions against the advocate or the victim services program, and it does not prohibit the disclosure of aggregate, non-personally identifying data.

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Who can disclose confidential communications?

Only the certified advocate can disclose communications to another person if reasonably necessary to accomplish the purpose for which they are consulted.

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Where does this privilege apply?

This privilege applies to civil, criminal and administrative proceedings, and to institutional disciplinary proceedings at two-year or four-year post-secondary institutions that enroll one or more students who receive an Oregon Opportunity Grant.

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Minor's Risk of Suicide

When a mental health care provider assesses a minor as having a serious and immediate risk of attempting suicide, but inpatient treatment isn't necessary or feasible.

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Safety Planning Disclosure

In cases of serious suicide risk, the mental health care provider must share relevant information with the minor's parents, legal guardian, or others who might prevent the attempt.

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Treatment and Diagnosis Disclosure

A mental health care provider can share information about the minor's treatment and diagnosis to organizations like schools or social services if it helps the minor get support.

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Minor's Right to Object

Unless required by law or specific circumstances, a mental health care provider can disclose information to individuals involved in the minor's treatment, but only after giving the minor a chance to object.

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Disclosure Restrictions

A mental health care provider is not required to disclose information to an individual if they have a reasonable belief that the individual has abused or neglected the minor, or if disclosure could endanger the minor.

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Minor's Best Interest

If a mental health care provider determines it's not in the best interest of the minor to disclose their information, they can withhold it.

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Consent-Based Disclosure

A mental health care provider can always disclose information related to the minor with the minor's explicit permission.

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Exceptions to Confidentiality

There are specific circumstances that allow mental health care providers to disclose information about a minor, even without their consent, to ensure safety, and provide proper treatment.

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Protected Health Information (PHI)

Any individually identifiable health information, including demographics, medical history, and treatment details.

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Oregon's Policy on PHI

The State of Oregon emphasizes safeguarding individuals' PHI from improper use or disclosure and granting them the right to access and review their own PHI.

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Federal Health Insurance Portability and Accountability Act (HIPAA)

A US law that sets standards for protecting sensitive patient health information, including rights related to use, disclosure, and access.

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ORS 192.553 to 192.581

A set of Oregon Revised Statutes that specifically address policies regarding protected health information, emphasizing individual rights and safety.

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45 C.F.R. parts 160 and 164

The federal regulations implementing HIPAA's privacy provisions, outlining specific requirements for handling protected health information.

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What is the purpose of ORS 137.765?

ORS 137.765 outlines procedures for resentencing individuals convicted of serious crimes, with provisions for review and potential reduction of sentences based on evidence of reduced risk of future offenses.

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What evidence must be presented for a resentencing hearing?

To request a resentencing hearing under ORS 137.765, a petitioner must present clear and convincing evidence they are unlikely to commit another serious crime.

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What happens if the court finds the petitioner is unlikely to re-offend?

If the court finds, by clear and convincing evidence, that the petitioner poses a low risk of re-offending, the court may reduce their sentence.

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Can the court change the sentence again after a resentencing hearing?

Yes, the sentencing court retains the authority to modify the sentence, even after a resentencing hearing, based on new information or circumstances.

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How often can a person petition for resentencing under ORS 137.765?

A person sentenced under ORS 137.765 can petition for resentencing again at least five years after their initial petition was denied.

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What are the specific offenses covered by ORS 137.765?

ORS 137.765 focuses on individuals convicted of crimes listed in subsection (3) of the same law, typically serious offenses.

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What is the purpose of ORS 179.495?

ORS 179.495 restricts disclosure of written accounts of adults in custody, protecting their privacy, while allowing authorized access under specific circumstances.

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Who can disclose written accounts of adults in custody?

Disclosure of written accounts of adults in custody is generally restricted, but exceptions exist for authorized personnel, individuals with consent, and court-ordered disclosure.

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Sexually Violent Dangerous Offender

An individual with psychopathic tendencies, sexually deviant desires, and a history of sexual assault who poses a high risk of committing further sex crimes.

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History of Sexual Assault

A person has committed prior unlawful sexual acts, excluded from the current crime, that severely endangered another person or involved a child under 12.

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Post-Prison Supervision for Life

A court order that extends supervision for the rest of a person's life after they're released from prison for specific sex offenses.

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Crimes Requiring Life-long Supervision

These are serious sexual offenses like rape, sodomy, or unlawful sexual penetration, with specific aggravating factors.

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Aggravating Factors in Sexual Offenses

Factors that make a sex crime even more serious, like forcible compulsion, victim under 12, or victim incapable of consenting.

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Presentence Investigation and Examination

A process where a defendant convicted of a serious sex crime is evaluated by a mental health professional to determine their risk of future offenses.

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Psychiatrist or Psychologist Evaluation

A mental health professional examines the defendant to determine if they meet the criteria for being a Sexually Violent Dangerous Offender.

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Reason to Believe Someone is a Sexually Violent Dangerous Offender

A legal standard that allows the court to order a mental health evaluation of a defendant if they suspect they might be a dangerous offender.

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Study Notes

Oregon Revised Statutes (2023) - Practice of Psychology

  • Statutes pertaining to the practice of psychology in Oregon
  • Revised 02/24/2024
  • Document contains a table of contents listing various statutes related to practice of psychology
  • Includes Oregon Evidence Code privileges, authority of parents, reporting of abuse, records of individuals with disabilities or mental illness, protected health information and reporting of child abuse
  • Covers specific topics such as sexually violent dangerous offenders, extremely dangerous persons, reporting for adults with mental illness, professional counselors, marriage and family therapists, and conversion therapy.
  • Also includes general health care provisions, licensing, and penalties.

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Description

Test your knowledge on the legal privileges surrounding confidential communications, especially related to advocates and victims. This quiz will cover key concepts such as voluntary disclosure, applicable proceedings, and the rights of individuals under confidentiality statutes.

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