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An ethical concept, and in most states, the legal and professional duty of therapists to not disclose information about a client. Psychotherapists are prohibited from disclosing confidential communications to any third party, unless mandated or permitted by law to do so. |
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A legal concept that generally bars the disclosure of confidential communications in a legal proceeding. Privilege is the client’s right to prevent a mental health professional from revealing confidential communications in a legal proceeding. |
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Privacy As a matter of law |
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Definition
, refers to the constitutional right of an individual to decide the time, place, manner, and extent of sharing oneself with others. |
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A procedure designed to encourage reporting of any suspected cases of child, elder, and dependent abuse |
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Health Insurance Portability and Accountability Act of 1996 (HIPAA) |
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Definition
Passed by Congress to promote standardization and efficiency in health care industry, HIPAA includes provisions designed to encourage electronic transactions and requires certain new safeguards to protect the security and confidentiality of health information. |
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Requires health plans and other covered entities to establish policies and procedures to protect the confidentiality of health information about their patients. It provides patients with rights concerning how their health information is used and disclosed by health care providers who fall within the domain of HIPAA. |
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A term used by HIPAA that determines whether a health care provider needs to comply with HIPAA requirements |
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A mental health professional’s responsibility to inform an endangered person when it is believed a client poses a serious danger to an identifiable person. |
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A mental health professional’s responsibility to protect clients when it is likely that they might harm themselves; or the duty to protect intended victims from a dangerous client. |
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A court ruling holding that a therapist has a duty to warn an intended victim of a client who poses a serious threat to do harm. |
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A court ruling stating the responsibility of a therapist to not release a dangerous client from a psychiatric facility. |
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A legal ruling that underscores the duty to commit a dangerous individual. The intended victim’s knowledge of a threat does not relieve therapists of the duty to protect. |
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A court ruling that extends the duty to warn to anyone who might be near the intended victim and who might also be in danger. |
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A court ruling holding that communications between licensed psychotherapists and their clients are privileged and therefore protected from forced disclosure in cases arising under federal law. The ruling extends therapist-client privilege to a wider range of licensed mental health professionals. |
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Involves the legal responsibility of a mental health professional to report suspected abuse or neglect of children, the elderly, and other dependent adults |
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Involves the use of physical force that often results in bodily injury, physical pain, or impairment. |
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Consists of non-consensual sexual contact of any kind with a child, elderly person, or dependent adult. |
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Psychological or emotional abuse |
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Definition
involves inflicting anguish, pain, or distress through verbal or nonverbal acts. This kind of abuse might include verbal assaults, insults, threats, intimidation, humiliation, and harassment |
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The failure of caregivers to fulfill their responsibilities to a child, an elderly person, and other dependent adults |
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Involves the desertion of an elderly person by a person who has assumed responsibility for being a care-giver. |
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Financial or material exploitation |
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Definition
the illegal or improper use of an elder’s funds, property, or assets. |
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