Jurisprudence Study Session Slides PDF

12/6/2023 Exceptions to Privilege In any proceeding after the death of a patient in which their mental or emotional condition is introduced by any party as an element of the claim or defense, and the judge finds that it more important to the interests of justice that the c...

12/6/2023 Exceptions to Privilege In any proceeding after the death of a patient in which their mental or emotional condition is introduced by any party as an element of the claim or defense, and the judge finds that it more important to the interests of justice that the communication be disclosed than protected. In any case involving child custody, adoption or the dispensing with the need for consent to adoption in which, upon a hearing in chambers, the judge determines that the psychotherapist has evidence bearing significantly on the patient’s ability to provide suitable care or custody, and that it is more important to the welfare of the child that the communication be disclosed than protected; In any proceeding brought by the patient against the psychotherapist, and in any malpractice, criminal or license revocation proceeding, in which disclosure is necessary or relevant to the claim or defense of the psychotherapist. ©GERALD P. KOOCHER (2022) 20 Department of Mental Health 21 10  12/6/2023 Roles for Psychologists under the Department of Mental Health  Definition of "Qualified psychologist”: a licensed psychologist designated by and who meets qualifications required by the regulations of the department, provided that different qualifications may be established for different purposes of this chapter. [For purposes of this section any health services provider psychologist is qualified.]  Definition of "Likelihood of serious harm”: (1) a substantial risk of physical harm to themselves as manifested by evidence of, threats of, or attempts at, suicide or serious bodily harm; (2) a substantial risk of physical harm to other persons as manifested by evidence of homicidal or other violent behavior or evidence that others are placed in reasonable fear of violent behavior and serious physical harm to them; or (3) a very substantial risk of physical impairment or injury to themselves as manifested by evidence that such person's judgment is so affected that they are unable to protect themselves in the community and that reasonable provision for their protection is not available in the community. 22 MGL 123, section 38B Duty to warn potential victims (2022) ©GERALD P. KOOCHER 23 23 11  12/6/2023 Reasonable precautions (2022) ©GERALD P. KOOCHER 24 24 Any physician, qualified psychiatric nurse mental health Section 12(a).  clinical specialist, qualified psychologist, or a licensed Emergency independent clinical social worker who, after examining restraint of a person, has reason to believe that failure to dangerous hospitalize such person would create a likelihood of persons; serious harm by reason of mental illness may restrain or application for authorize the restraint of such person and apply for the hospitalization; hospitalization of such person for a 3-day period. examination.  If examination is not possible because of the emergency nature of the case and because of the refusal of the person to consent to examination, the (2022) ©GERALD P. KOOCHER [professional] may apply for emergency hospitalization, may restrain [request restraint], and apply for hospital admission stating the reasons and other relevant information to assist the admitting physician.  Whenever practicable, prior to transporting, the applicant shall telephone or otherwise communicate with a facility to describe the circumstances and to determine whether the facility is the proper one to receive such person and o give notice of any restraint used and determine whether such restraint is necessary. 25 12