Jurisprudence Study Session Slides PDF

12/6/2023 Chapter 112, Section 12 CC [Health Care Providers, inspection of records] 14 Chapter 112, Section 129A: confidential communications (2022) ©GERALD P. KOOCHER 15 15...

12/6/2023 Chapter 112, Section 12 CC [Health Care Providers, inspection of records] 14 Chapter 112, Section 129A: confidential communications (2022) ©GERALD P. KOOCHER 15 15 7  12/6/2023 Reasonable precautions under 129A [Tarasoff-like situation] (2022) ©GERALD P. KOOCHER 16 16 Chapter 112: Section 129B Contractual restrictions on right to practice  Covenants Not to Compete Prohibited  A contract or agreement which creates or establishes the terms of a partnership, employment, or any other form of professional relationship with a psychologist licensed under this chapter, which includes a restriction of the right of the psychologist to practice in any geographic area for any period of time after termination of the partnership, employment or professional relationship shall be void and unenforceable with respect to the restriction; but, nothing herein shall render void or unenforceable the remainder of the contract or agreement. ©GERALD P. KOOCHER (2022) 17 8  12/6/2023 Chapter 233, In any court proceeding a patient shall have the privilege section 20B of refusing to disclose, and of preventing a witness from disclosing, any communication. Privileged Communications This privilege shall apply to patients engaged with a psychotherapist in marital therapy, family therapy, or consultation in contemplation of such therapy. (2022) ©GERALD P. KOOCHER If a patient is incompetent to exercise or waive such privilege, a guardian shall be appointed to act in his behalf under this section. Upon the exercise of the privilege granted by this section, the judge or presiding officer shall instruct the jury that no adverse inference may be drawn therefrom. 18 Exceptions to Privilege If a psychotherapist determines that the patient needs treatment in a hospital for mental or emotional illness or that there is a threat of imminently dangerous activity by the patient against himself or another person. If a judge finds that the patient, after having been informed that the communications would not be privileged, communicates to a psychotherapist during a psychiatric examination ordered by the court (except such communications shall be admissible only on issues involving the patient’s mental or emotional condition but not as a confession or admission of guilt). In any proceeding, except one involving child custody, adoption or adoption consent, in which the patient introduces their mental or emotional condition as an element of their claim or defense, and the judge finds it is more important to the interests of justice that the communication be disclosed than protected. ©GERALD P. KOOCHER (2022) 19 9