Limits of Confidentiality
-By Timothy Lyons
Some limits of confidentiality are discussed Under article 7 of the California Welfare and Institutions code: Legal and Civil Rights of Persons Involuntarily detained, section 5328. All information about the involuntarily detained person is to be confidential. (LexisNexis, 2015) The provisions that allow a therapist or psychologist to disclose information comes in limited situations and in most cases only after the client or patient, with the agreement of the therapist, signs a release of information. In no circumstance is the right given to the psychologist to disclose information to anyone including family, employers or professors. Section 4.05 Disclosures states that the psychologist may only disclose information with the permission of the client unless prohibited by law. (LexisNexis, 2015) (American Psychological Association, 2010)
These ethical issues are also covered in both the ethics code and the law of California. (LexisNexis, 2015) In 10.01 of the ethics code directs the therapist to discuss who has rights to records or information. In 4.01 of the ethics code it directs the therapist to protect the confidentiality of records that are regulated by law. The law states that in the state of California the right to give consent is given to a minor in California Health & Safety Code § 124260 (LexisNexis, 2015). The minor can be as young as twelve and if the therapist feels that the client is mature enough to participate in mental health treatment, then the minor has the ability to give consent. Further, in California Health & Safety Code §§ 123110(a) (LexisNexis, 2015) If the minor can consent, then the therapist can only share the information if the minor gives a signed authorization. It would seem that there are many situations in which the question of disclosure can appear and it would be in the best interest of all parties for the psychologist to understand these issues.
References
American Psychological Association 2010 Ethical Principals of Psychologists and Code of ConductAmerican Psychological Association. (2010). Ethical Principals of Psychologists and Code of Conduct (2003 ed.). Washington DC: American Psychological Association. 201604271742031248488665
Knapp, S., Younggren, J. N., VandeCreek, L., Harris, E., & Martin, J. N. (2013). Assessing and managing risk in psychological practice: An indivicualized approach (2nd ed.). Rockviller, MD: The Trust.
LexisNexis 2015 California Board of Psychology Laws and RegulationsLexisNexis. (2015). California Board of Psychology Laws and Regulations (2015 ed.). Charlottesville, VA: LexisNexis. 201604161236441130416155
Liang L T Davis A S Arnold T A Benjamin A 2013 Ethics for Psychologist: A Casebook ApproachLiang, L. T., Davis, A. S., Arnold, T. A., & Benjamin, A. (2013). Ethics for Psychologist: A Casebook Approach. Thousand Oaks, CA: SAGE.
Consumer Resources- Patient Bill of Rights – California Psychological Association. (n.d.). Retrieved May 24, 2016, from http://www.cpapsych.org/?52 201604150647011537058473