Confidentiality, Privacy, Privilege, Informed Consent
a. Define the terms privacy, privilege, confidentiality, and informed consent. How do they differ from each other?
Privacy, confidentiality, informed consent and privilege all differ from each other in some way. Privacy is the condition of being free from unauthorized intrusion, confidentiality is allowing people to know something on a need to know basis. Informed consent is getting the permission from a person to do so some type of act, and privilege allows for conversations taken place in a protected relationship to be safeguarded. They all are different from each other because each one has a different type of restriction. Privacy is tailored to everyone, privilege is referring to a relationship, …show more content…
According to Foell (2016), “The genesis of the legal right to privacy is found in Griswold v. Connecticut, 381 U.S. 479 (1965)”. Privacy permits only authorized individuals access to protected documents. HIPPA has a Privacy rule, the goal of the rule is to ensure that health information is protected while still promoting high quality care and to protect the public health and well-being (HIPPA Act of 1996, 2010). Any individually identifiable health information should be protected at all times, as it is the patient/clients right.
• Privilege is a special condition granted that allows access to something that others are not. Privilege communication is interaction between parties that is recognized as a protected relationship such as a psychologist and client (Fisher,2008). Whatever is said between these two parties should remain confidential and the law cannot force the psychologist to disclose information said in their conversations. However, privilege is lost or waived when all or part of the communication is disclosed to a third person (Foell, …show more content…
According to Fisher (2008), “Informed consent requires psychologists to inform clients about limits of confidentiality before obtaining consent for court-ordered services.” Informed consent is getting permission from the client to take some form of action. Fisher, (2017), stated that “Psychologists are permitted to reveal confidential information if the person or organization has consented in writing or there is legal authorization for doing so, such as if the material is authorized for release at a public hearing”.
b. What are the APA and your states positions on these three terms?
A psychologist owes the patient a legal duty of confidentiality under §611.002, in the state of Texas (Texas State Board of Examiners of Psychologists, 1999). However, there are some exceptions, A psychologist may release records to the patient (or someone else legally entitled to act for the patient as listed in 611.004. Also acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus infection (HIV) are considered “reportable diseases” under Title 2, Chapter 81, Section 81.041(e) of the Texas Health and Safety Code (Texas State Board of Examiners of Psychologists,1999). Texas follows the privilege communication rule. Even if they are subpoenaed,3 611.006 of the H&S Code requires that a psychologist comply with a subpoena for any information that is not subject to the "therapist- client
a. Define the terms privacy, privilege, confidentiality, and informed consent. How do they differ from each other?
Privacy, confidentiality, informed consent and privilege all differ from each other in some way. Privacy is the condition of being free from unauthorized intrusion, confidentiality is allowing people to know something on a need to know basis. Informed consent is getting the permission from a person to do so some type of act, and privilege allows for conversations taken place in a protected relationship to be safeguarded. They all are different from each other because each one has a different type of restriction. Privacy is tailored to everyone, privilege is referring to a relationship, …show more content…
According to Foell (2016), “The genesis of the legal right to privacy is found in Griswold v. Connecticut, 381 U.S. 479 (1965)”. Privacy permits only authorized individuals access to protected documents. HIPPA has a Privacy rule, the goal of the rule is to ensure that health information is protected while still promoting high quality care and to protect the public health and well-being (HIPPA Act of 1996, 2010). Any individually identifiable health information should be protected at all times, as it is the patient/clients right.
• Privilege is a special condition granted that allows access to something that others are not. Privilege communication is interaction between parties that is recognized as a protected relationship such as a psychologist and client (Fisher,2008). Whatever is said between these two parties should remain confidential and the law cannot force the psychologist to disclose information said in their conversations. However, privilege is lost or waived when all or part of the communication is disclosed to a third person (Foell, …show more content…
According to Fisher (2008), “Informed consent requires psychologists to inform clients about limits of confidentiality before obtaining consent for court-ordered services.” Informed consent is getting permission from the client to take some form of action. Fisher, (2017), stated that “Psychologists are permitted to reveal confidential information if the person or organization has consented in writing or there is legal authorization for doing so, such as if the material is authorized for release at a public hearing”.
b. What are the APA and your states positions on these three terms?
A psychologist owes the patient a legal duty of confidentiality under §611.002, in the state of Texas (Texas State Board of Examiners of Psychologists, 1999). However, there are some exceptions, A psychologist may release records to the patient (or someone else legally entitled to act for the patient as listed in 611.004. Also acquired immune deficiency syndrome (AIDS) and human immunodeficiency virus infection (HIV) are considered “reportable diseases” under Title 2, Chapter 81, Section 81.041(e) of the Texas Health and Safety Code (Texas State Board of Examiners of Psychologists,1999). Texas follows the privilege communication rule. Even if they are subpoenaed,3 611.006 of the H&S Code requires that a psychologist comply with a subpoena for any information that is not subject to the "therapist- client