Accounting /CPLEE CA Laws That Guide the Specifics of Clinical Practice: Privilege Part 1

CPLEE CA Laws That Guide the Specifics of Clinical Practice: Privilege Part 1

Accounting10 CardsCreated 7 days ago

This deck covers the California laws related to privilege in clinical practice, focusing on who holds the privilege, when it can be waived, and exceptions to privilege.

Legal proceedings include the following situations in which testimony may be compelled to be given: • Hearings • _________________ • Inquiries (whether conducted by a court, administrative agency, arbitrator, legislative body

• Investigations
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Key Terms

Term
Definition
Legal proceedings include the following situations in which testimony may be compelled to be given: • Hearings • _________________ • Inquiries (whether conducted by a court, administrative agency, arbitrator, legislative body
• Investigations
The holder of privilege may be: (3 potential parties).
• The patient • The guardian or conservator • The personal representative of the patient
In general, the __________________ is always the holder of privilege (if there is no guardian or conservator).
Patient.
When the patient lacks legal capacity, the ___________________________ is the holder of the privilege.
Guardian or conservator.
If the patient is dead, the ______________________ is the holder of the privilege.
Personal representative.
Privilege may be claimed by: (3 potential parties).
• The holder of privilege • An authorized person • The psychotherapist

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TermDefinition
Legal proceedings include the following situations in which testimony may be compelled to be given: • Hearings • _________________ • Inquiries (whether conducted by a court, administrative agency, arbitrator, legislative body
• Investigations
The holder of privilege may be: (3 potential parties).
• The patient • The guardian or conservator • The personal representative of the patient
In general, the __________________ is always the holder of privilege (if there is no guardian or conservator).
Patient.
When the patient lacks legal capacity, the ___________________________ is the holder of the privilege.
Guardian or conservator.
If the patient is dead, the ______________________ is the holder of the privilege.
Personal representative.
Privilege may be claimed by: (3 potential parties).
• The holder of privilege • An authorized person • The psychotherapist
Only _______________________ may authorize a waiver of privilege and disclosure of confidential information or communication. When more than one person holds the privilege (e.g., in couples’ therapy), one patient waiving privilege _______________ affect the other patient’s right to claim privilege.
• The holder of privilege • Does not
Privilege is waived whenever confidential information is disclosed by the patient to _____________________.
Unauthorized third persons.
The psychotherapist is generally required to claim privilege when the ___________________________ is sought to be disclosed; however, the therapist may not claim privilege if there is no holder of privilege in existence, or if the therapist is instructed by a person authorized to permit disclosure.
Patient-therapist communication.
_____________________________ are situations in which a judge has the legal authority to order that confidential patient-therapist communications be disclosed in the course of a legal proceeding (e.g., court of law, deposition, admin. hearing).
Exceptions to privilege.