1What are the 5 exceptions to breaking confidentiality?
1. Suspected child abuse
2. Suspected elder or dependent adult abuse
3. Danger to self or others
4. Legal authorization (court order or client release)
5. Less common instances where disclosure is required.
2What are the less common instances to breaking confidentiality?
1. An investigation by a board, commission, or administrative agency
2. A lawful request from an arbitrator or arbitration panel
3. A coroner's investigation of client's death
4. A national security investigation
3What should an MFT do in the occurrence of a national security investigation?
1. MFT's are required to turn over client's records
2. Are legally prohibited from informing the client they have done so.
4Who holds a client's privilege?
In general the client
5Who is it up to for a client's privilege to be waived?
Client, guardian, another court appointee, or judge
6Who doesn't doecide to waive a client's privilege
A therapist
7How many steps should an MFT take when receiving a subpoena?
4 steps
8First step in receiving a subpoena?
Contact an attorney as soon as possible
9Second step in receiving a subpoena?
Assess the subpoena for its source and validity
10Which kind of subpoena an MFT MUST abide by? Court order or from a private attorney?
Court order
11Third step in receiving a subpoena?
Contact the client to determine their wishes
12Fourth step when receiving a subpoena?
Assert privilege
13What are the exceptions to asserting privilege when receiving a subponea?
1. Unless the client has specifically waived privilege
2. A judge has determined that privilege does not apply
14What can occur when a therapist has failedd to respond to a subponea?
It can result in sanctions from the courth.