Speaker 1: All right, folks, here it comes.
Speaker 2: The next month is Confidentiality, ethics and legal exceptions in
Speaker 2: psychological practice. Some of the key principles is Mandatory exceptions
Speaker 2: include duty to protect and warn, mandated reporting and valid
Speaker 2: court orders. Discretionary exceptions arise with client consent, billing, consultation,
Speaker 2: or supervision tariffs off duty involves eminent threat, intent and
Speaker 2: identifiable victim, with.
Speaker 1: Variation across states.
Speaker 2: Work with miners, families, groups, and organizations requires upfront clarification
Speaker 2: of who the client is and who controls confidentiality. Subpoenas
Speaker 2: must be responded to, but do not authorize disclosure without
Speaker 2: a court order or client release. Psychologists must include confidentiality
Speaker 2: limits and informed consent document rationale for disclosure, and comply with.
Speaker 1: Other jurisdiction specific laws.
Speaker 2: Confidentiality is a heartbeat of therapeutic trust. It draws a
Speaker 2: line between therapy and surveillance, between a safe space and
Speaker 2: a strategic risk, and yet it is never absolute. First
Speaker 2: is look at confidentiality expanded definitions and ethical professional duty.
Speaker 2: Requiring psychologists to protect client information from unauthorized disclosure is
Speaker 2: a foundational promise that creates the conditions for open therapeutic work.
Speaker 2: It can be limited by law and other ethical obligations.
Speaker 2: Confidentiality is like a lock journal that only you and
Speaker 2: the psychologists can open.
Speaker 1: You can look at it that way.
Speaker 2: A client discusses marital conflict and therapy psychologist keeps the
Speaker 2: details private and does not share them with the client's spouse, employer,
Speaker 2: or anyone else unless illegal or ethical exception applies. The
Speaker 2: next is privileged community communication, illegal protection that allows confidential
Speaker 2: communications between a psychologist and a client to be withheld
Speaker 2: from core proceedings. Privilege belongs primarily to the client and
Speaker 2: can be asserted away by them. Not Ever, not every
Speaker 2: jurisdiction grants the same level of psychologists. Patient privilege privileges
Speaker 2: the court room version of confidentiality. It is a shield
Speaker 2: that says a judge cannot force the psychologists to testify
Speaker 2: by what was said in therapy unless the client agrees
Speaker 2: or a special legal exception applies. An example would be
Speaker 2: in a custody dispute, one parents attorney sub poenis therapy records.
Speaker 2: The client's attorney asserts privilege, and the court must acide
Speaker 2: whether the information remains protected or must be released under
Speaker 2: limited conditions.
Speaker 1: The next one are.
Speaker 2: Mandatory exceptions to confidentiality, So do you to warn or
Speaker 2: do you to protect? Illegal and ethical obligation originating in
Speaker 2: terrorist offers as Regents of the University of California requiring
Speaker 2: psychologists to take reasonable steps steps to protect the identifiable
Speaker 2: victims when a client poses a serious and eminent threat
Speaker 2: of violence. Standards typically include eminence, an identifiable victim, and
Speaker 2: the client's intent plus means. Subsequent cases like Ewing versus
Speaker 2: gold Senior jablanc Si have clarified that the duty can
Speaker 2: arise from third party information and that failure to act
Speaker 2: on a credible threat and constitute malpractice. State laws varies
Speaker 2: on whether warning the victim, notifying law enforcement, or hospitalizing
Speaker 2: the client is required. An example would be a client
Speaker 2: state to detailed plan to harmon X. Partner names the
Speaker 2: person that describes access to a weapon. The psychologist assesses
Speaker 2: a threat of serious and eminent documents, the decision process
Speaker 2: notifies the intended victim and or law enforcement according to
Speaker 2: state law, and may even see hospitalization of the client.
Speaker 2: Mandated reporting of abuse or neglect expanded definition and legal
Speaker 2: requirement to psychologists reports suspected abuse or neglect of children, elders,
Speaker 2: typically eight sixty five and plus, especially dependent and dependent
Speaker 2: adults who have a disabled cognitively impaired. Suspicion not absolute
Speaker 2: proof is usually sufficient. Reports are typically made to CPS, APS,
Speaker 2: Adult Practice or protective services, or law enforcement can result
Speaker 2: in civil or criminal penalties. Confidentiality does not protect disclosures
Speaker 2: of abuse in these cases. Psychologists are required by law
Speaker 2: to report when they reasonably believe a child, elderly person,
Speaker 2: or vulnerable adult is being.
Speaker 1: Abused or neglected.
Speaker 2: For instance, in doing a session, a twelve year old
Speaker 2: client describes ongoing physical punishment that leaves marks. A psychologists
Speaker 2: forms a reasonable suspicion of child abuse, files a mandate
Speaker 2: report with CPS, documents the report, and continues treatment while
Speaker 2: cooperating with the investigation. Subpoena is a legal document that
Speaker 2: requires a response for acknowledgment of receipt, but does not
Speaker 2: by itself authorize disclosure of confidential client information. The psychologists
Speaker 2: must respond and may assert privilege or move to quash
Speaker 2: a limit to subpoena. Always consult legal counsel before releasing
Speaker 2: any records. An example would be an attorney issues a
Speaker 2: subpoena for a client's therapy notes. In a civil lawsuit,
Speaker 2: the psychologists acknowledges receipt, notifies the client, consults counsel, and
Speaker 2: files an emotion to quash a limit to scope while
Speaker 2: asserting privilege. A court order is a directive signed by
Speaker 2: a judge that requires disclosure. Even then, the psychologists may
Speaker 2: request of the core limit the scope imposed. Protective measures
Speaker 2: will allow the client to be notified before release. An
Speaker 2: example is after a hearing is judge orders released with
Speaker 2: specific therapy records relevant to a child custody evaluation. The
Speaker 2: psychologist limits disclosure to the ordered material requests a protective
Speaker 2: order notifies the client and documents the process. Always document
Speaker 2: how the subpoenat court order was handled, including any client
Speaker 2: communication and efforts to limit disclosure. Next is discretionary exceptions
Speaker 2: to confidentiality.
Speaker 1: So we have client consent.
Speaker 2: Clients may authorize disclosure through a sign dated Release of
Speaker 2: Information ROI that specifies what will be disclosed to.
Speaker 1: Whom, for what purpose, and for how long.
Speaker 2: State laws often require reauthorization within twelve months. Consent is
Speaker 2: required unless another exception applies, So a client size signs
Speaker 2: an ROI release of information allowing a psychologists and a
Speaker 2: treatment summary in diagnosis code to the renew psychiatrist for
Speaker 2: continuity of care, payment billing and insurance.
Speaker 1: To process claims.
Speaker 2: Psychologistsmen need to share limited information such as diagnosis code,
Speaker 2: session dates, treatment summaries with third party payers. Clients must
Speaker 2: be informed up front that insurance insurance may access this information.
Speaker 2: The client's insurance company requests verification of sessions in a
Speaker 2: diagnosis code, the psychologist provides only the minimum necessary information
Speaker 2: after the client has been informed during the informed consent process.
Speaker 1: Next is consultation.
Speaker 2: Under APA Standard four point zero six, psychologists may discuss
Speaker 2: cases for professional consultation without revealing identifying information, provided only
Speaker 2: relevant details are shared. Client identity is protected unless explicit
Speaker 2: consent is obtained and the consultation benefits a client rather
Speaker 2: than curiosity. So a psychologist seeks consultation on treatment planning
Speaker 2: for a complex trauma case and describes and interventions without
Speaker 2: naming the client or providing details they could identify them
Speaker 2: another when as supervision, when a supervise ee discuss cases,
Speaker 2: clients must be informed that information will be shared with
Speaker 2: the supervisor for training purposes. Supervisors were legal and ethical
Speaker 2: responsibility for supervising conduct and informed consent forms must include
Speaker 2: this disclosure next or special populations and settings. Oh, but
Speaker 2: forgot to give you an example. For supervision and interns,
Speaker 2: informed consent form states that clinical material be reviewed in supervision.
Speaker 2: The intern discusses a session with the supervisor while protecting
Speaker 2: identifying information as much as possible special population and settings. Minors,
Speaker 2: parents or guardians typically hold the legal right to access
Speaker 2: treatment information. Many states, however, allow limited confidentiality when full
Speaker 2: excuse me disclosure would harm the minor or impair treatment agreement.
Speaker 2: The miner or assent in addition to parental consent, is
Speaker 2: ethically appropriate. For older children and adolescents, limits must be
Speaker 2: clarified and reinforced often in In other words, parents usually have
Speaker 2: the right to know what is happening in a child's therapy,
Speaker 2: but older teens may be given some private space so
Speaker 2: they feel safe enough. The rules will differ by state,
Speaker 2: must be explained clearly at the start. So if a
Speaker 2: sixteen year old client is assured limited confidentiality regarding everyday concerns,
Speaker 2: the psychologists explains that safety issues, self harm abuse will
Speaker 2: be shared with parents.
Speaker 1: As our authorities is required by law.
Speaker 2: Naxa's families and couples, the psychologists must define who the
Speaker 2: client is, the individual, the couple or the family unit.
Speaker 2: Establish no secrets policies or clear procedures for handling individual disclosures,
Speaker 2: and document agreements that can be revisited as therapy progresses.
Speaker 2: So in couple therapy, the psychologists states and no secrets policy.
Speaker 2: Information shared of individually will be brought into the joint
Speaker 2: sessions unless it involves safety risks that require mandatory reporting.
Speaker 2: Group psychologists must inform members of confidentiality cannot be guaranteed
Speaker 2: by other members, encourage group norms of privacy, and use
Speaker 2: consent forms that acknowledge the limitation. Legal enforcement against other
Speaker 2: members is limited. So you look at it here at
Speaker 2: the sort of a process. Group members signing an agreement
Speaker 2: acknowledge and the confidentiality is expected but cannot be fully
Speaker 2: enforced among peers organizational clients. So in workplace or agency settings,
Speaker 2: the psychologists must clarify whether the clients the organization or
Speaker 2: the individual.
Speaker 1: When conducting evaluations.
Speaker 2: For example, for fitness of duty in a police department,
Speaker 2: confidentialities limited and report recipients must be disclosed in advance,
Speaker 2: So before a fitness for duty evaluation, psychologists informs the employee,
Speaker 2: that the written report will go to the employer's human
Speaker 2: resources department, and that certain clinical details will be included.
Speaker 1: Now we look at.
Speaker 2: Informed consent, documentation and variability. Confidentiality limits must be explained
Speaker 2: clearly during informed consent and ideally revisited throughout tr treatment.
Speaker 2: Discussion should include legal limits, documentation, storage and access, use
Speaker 2: of telehealth platforms, and third party billing. Documentation of any
Speaker 2: disclosures should reflect what was disclosed, why it was disclosed,
Speaker 2: to whom it was disclosed. State laws very widely regarding
Speaker 2: parental access to adolescent records, reporting of adult dovestic wods,
Speaker 2: and specific duty to warn standards. Psychologists must know their
Speaker 2: state board guidelines, licensure law, and local duty to warn requirements.
Speaker 2: Confidentiality holds power only when used with intention. It is
Speaker 2: not about secrecy, It's about stewardship. That's it for now, folks,