Week 7 Assignment B
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Jordan Rigel – Week 7, Assignment B.
Contrast the confidentiality requirements of the various statutes and client confidentiality concerns with
mandatory reporting requirements. Choose which obligation ought to be stronger and why.
According to the Melton text, there is a minimum of six notifications concerning the limits of
confidentiality. The points are as follows:
The name of the person, legal issues addressed in the evaluation, what
kind of information is
relative to the case, in regard to how the interview will be conducted, the legal proceedings itself, what
information can be disclosed to 3rd parties, and finally whether there is a legal right to limit or decline
participation in the ongoing evaluation (Melton, 2007). In a forensic setting, there is an inevitability to
disclose information to a 3rd party, usually a legal team. In treatment settings, however, it is of
‘paramount’ importance’ to the point that some professionals will maintain the confidentiality even
when legally requested to do so. Commanded by the courts can often lead to friction in moving a case or
evaluation forward, but there is much less of a right when it's in the forensic atmosphere.
Mandatory reporters have protection while in their roles during situations where they have a
high suspicion of a person of interest being in danger.
From the APA site, they provide an example code
of how “No mandated reporter shall be civilly or criminally liable for any report required or authorized
by this article, and this immunity shall apply even if the mandated reporter acquired the knowledge or
reasonable suspicion of child abuse or neglect outside of his or her professional capacity or outside the
scope of his or her employment” (APA.org, 2018). Furthermore, in unfortunate situations where the
identity of the reporter is revealed, it can lead to hefty fines and jail time for the offender, depending on
the state.
Most of the Federal statutory protections of confidentiality apply only in substance abuse cases,
providing extra confidentiality safeguards for patients receiving services in federally funded facilities.
Virtually anyone who is part of the healthcare fields, or interacts with patients, who have undergone
training are protected on a federal level. (CEP.org, 2018). In Pennsylvania, there are various statutes, 23,
25, and 42 for examples, which deal with topics such as domestic relations, abuse, and other judicial
privileges of reporters, and how only in specific circumstances will reporters be revealed, and even then
no harm or charges will be brought up against them, if a suspicion is incorrect (pacode, 2018). However,
if a therapist or other HIPPA certified professional is privy to some type of misconduct either in passing
or during a session, if they do NOT report they are liable for legal punishment. Most states possess a
form of ‘duty to warn,’ protection from others, and from self-clause or mandates. In my research that as
long as the report is done in good faith, the courts and law will be on your side.
References:
American Psychological Association(n.d.). Retrieved February 20, 2018, from
http://www.apa.org/
CEP (n.d.). Retrieved February 20, 2018,
http://www.centerforethicalpractice.org/
lawsaffecting
confidentiality
Melton, G. B., Petrila, J., Poythress, N. G., Slobogin, C., Otto, R. K., Mossman, D., & Condie, L. O. (2018).
Psychological evaluations for the courts: a handbook for mental health professionals and lawyers. New
York: The Guilford Press.
The Pennsylvania Code Online(N.d). Retrieved February 20, 2018, from
https://www.pacode.com/
http://www.centerforethicalpractice.org/lawsaffectingconfidentiality
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