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Legal question regarding Clinical Psychologists

May 28 2004 at 8:04 AM
WildRice  (Login WRRW)

Anyone have any info in this department?

What would happen if a couple saw a clinical psychologist for marital and individual therapy and this happened:

The therapist rendered a diagnosis on you to your spouse without ever informing you of it, or treating you for it.

Or, what might happen legally to someone who goes around publicly stating an unsubstantiated mental condition onto someone else out of anger. For example: John Doe is psychotic or Jane Doe is manic depressive etc. Obviously this type of thing could be damaging in many ways.

 


 
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AuthorReply

(Login Kats7)
Member

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May 28 2004, 9:35 AM 

In my humble opinion, and small experience the following would be:

in the first case it could be seen as a breach of confidentiality... a big no-no and even seen as collusion...

in the second scenario it could be taken as slander.

And as you walk you make your path Kat

 
 

Monica
(Login PrincessofQuiteALot)
Member

Re: Legal question regarding Clinical Psychologists

May 28 2004, 9:52 PM 

WOAH! That is a huge HIPAA violation. That is a punishable offense, should you decide to pursue it. I found this in some literature I have from work:

"WRONGFUL DISCLOSURE OF INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION

"SEC. 1177. (a) OFFENSE.--A person who knowingly and in violation of this part--

"(1) uses or causes to be used a unique health identifier;

"(2) obtains individually identifiable health information relating to an individual; or

"(3) discloses individually identifiable health information to another person,

shall be punished as provided in subsection (b).

"(b) PENALTIES.--A person described in subsection (a) shall--

"(1) be fined not more than $50,000, imprisoned not more than 1 year, or both;

"(2) if the offense is committed under false pretenses, be fined not more than $100,000, imprisoned not more than 5 years, or both.

Not to mention that the reason some people see counselors is due to the promise of confidentiality. What a scumbag! Google "HIPAA" and have a look at some of the sites. I really hope that the counselor wasn't discussing YOU.

Monica

 
 
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