Confidentiality: Mandated Situations

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Questions and Answers

Under what circumstances may a therapist disclose information about a client's past criminal activity?

  • When the crime involves a protected class, such as child abuse or elder abuse (correct)
  • Whenever the therapist believes it could benefit the client
  • If the therapist is subpoenaed by a court
  • When the client requests the therapist to share this information

Depending on state laws or agencies, therapists may be required to break confidentiality for the following, except:

  • Substance abuse (correct)
  • Child abuse
  • Elder abuse
  • Abuse of people with disabilities (dependent adults)

Under what circumstances must a therapist disclose client information to protect others?

  • When a client expresses suicidal thoughts
  • When a client threatens to harm another individual (correct)
  • When a client requests a referral
  • When a client shares personal information about their life

What is the impact of a coroner's investigation on the confidentiality of a deceased client's therapy records?

<p>Client records may be accessed if required by the coroner for investigation purposes. (C)</p> Signup and view all the answers

How does the Patriot Act impact the confidentiality of client information in therapeutic settings?

<p>It permits the release of client records under specific legal circumstances, overriding standard confidentiality rules. (C)</p> Signup and view all the answers

What must a therapist obtain before disclosing a client's records to a third party?

<p>A signed release form from the client (B)</p> Signup and view all the answers

When is it acceptable to break confidentiality with a client?

<p>All of the Answers (D)</p> Signup and view all the answers

Which of the following best describes the ethical responsibilities of therapists concerning client confidentiality?

<p>Therapists are required to maintain confidentiality unless there is a risk of harm to the client or others. (B)</p> Signup and view all the answers

In the event that a client discloses having committed a crime against their therapist, what is the appropriate course of action for the therapist regarding confidentiality?

<p>The therapist is permitted to break confidentiality and must report the crime to law enforcement. (C)</p> Signup and view all the answers

How does a court order affect a therapist's obligation to maintain client confidentiality?

<p>It mandates therapists to disclose specific client information as required by law. (B)</p> Signup and view all the answers

What is the primary function of a search warrant in the context of therapy?

<p>To provide legal authorization for law enforcement to access client records (B)</p> Signup and view all the answers

In which of the following situations is a therapist NOT required to break confidentiality?

<p>The client committed a crime 10 years ago and was not caught. (C)</p> Signup and view all the answers

What is a potential consequence for therapists during an ethical violation investigation?

<p>They may be required to disclose client information to regulatory bodies. (A)</p> Signup and view all the answers

How many mandated situations can a therapist break confidentiality?

<p>9 (D)</p> Signup and view all the answers

List the mandated situations where a therapist has to. break confidentiality?

<p>-abuse or neglect to the 3 protected class -subpoena order from the court or judge (court order) -suspected ethical violation committed by the therapist -coroner's investigation -search warrant -formal requests of cx's records -patriot act</p> <ul> <li>danger to others -cx signs release for records</li> </ul> Signup and view all the answers

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Study Notes

Disclosure of Criminal Activity

  • Therapists may disclose information about a client's past criminal activities under specific circumstances dictated by state laws.
  • Exceptions to confidentiality include when a client poses a threat to themselves or others, or when there is suspicion of child abuse.

Protecting Others

  • A therapist must disclose client information to protect others if there is an imminent risk of harm or if a threat is made against another individual.

Coroner's Investigation Impact

  • A coroner's investigation can lead to the release of a deceased client's therapy records, emphasizing the need for careful handling of confidentiality post-mortem.

Patriot Act Implications

  • The Patriot Act may require therapists to disclose client information to federal authorities in national security investigations, impacting traditional confidentiality norms.

Disclosure Authorization

  • Therapists must obtain informed consent from the client before disclosing records to a third party, ensuring client autonomy and privacy.

Acceptable Breach of Confidentiality

  • Confidentiality may be broken if the client poses harm to themselves or others, or in cases of abuse, neglect, or when legally mandated to do so.

Ethical Responsibilities

  • Therapists are ethically obligated to maintain client confidentiality unless exceptions apply, ensuring trust in the therapeutic relationship.

Client Disclosure of Crime

  • If a client discloses having committed a crime against the therapist, the therapist should clarify limits of confidentiality and legally mandated reporting obligations.

Court Orders

  • A court order requires therapists to disclose information, overriding the standard confidentiality practices and necessitating compliance.

Search Warrant Function

  • A search warrant allows law enforcement to access therapy records, indicating the importance of understanding legal rights regarding client information.

Situations Not Requiring Confidentiality Breach

  • Therapists are not required to break confidentiality simply due to client admissions of non-threatening behaviors or past actions without current risk.

Consequences of Ethical Violations

  • Therapists may face professional discipline or legal consequences during an ethical violation investigation, highlighting the importance of adherence to ethical standards.

Mandated Situations for Breaching Confidentiality

  • Therapists can break confidentiality in mandated situations including:
    • Imminent harm to self or others
    • Child or elder abuse
    • Court orders or subpoenas
    • Reports of threats to others

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