Full Version: Confidentiality between patient and therapist
While flipping channels I caught a segment on Paula Zahn show last nite, where a civilian rape counselor is being forced to divluge private conversations with two patient (former cadets from the United States Air Force Academy in Colorado Springs) or go to jail under military law.
http://transcripts.cnn.com/TRANSCRIPTS/0506/23/pzn.01.html
Sorry the quote is a little long but it is in the middle of show and to be fair thought it was necessary.
Questions:
1. Should the Professional Rape Counselor be forced to hand over patient files?
2. Does the military laws regarding patient/therapist privacy need to be updated to follow federal laws?
3. If you were the therapist what would you do?
http://transcripts.cnn.com/TRANSCRIPTS/0506/23/pzn.01.html
QUOTE
ZAHN: When someone goes to a professional rape counselor, what is said behind closed doors is supposed to stay there. It's privileged information.
Well, that's being argued today in a Texas military court -- ironically, behind closed doors. And depending on the result, a rape trial could be stopped, and a private rape counselor, instead of an accused rapist, could end up in jail. Here's Randi Kaye.
<snip>
KAYE: Bier is caught in the middle of a rape case involving two former cadets from the United States Air Force Academy in Colorado Springs. She faces a terrible choice: Betray her client's most private conversations as the military judge in this courtroom demands, or disobey and possibly go to jail.
DAVID SHELDON, DEFENSE ATTORNEY: The military judge in this case has ruled. He has ordered her to produce these records pursuant to federal law. She is not above the law.
<snip>
KAYE (voice-over): But her case will likely make law, about how far the military can reach into civilian counseling files.
Jessica Brakey claims she was raped in the fall of 2000 when she was a first-year Air Force cadet. It was at a wilderness camp ground, she says, at night, during basic training. And she adds, it took two years to gain the courage to confront her alleged attacker.
<snip>
Well, that's being argued today in a Texas military court -- ironically, behind closed doors. And depending on the result, a rape trial could be stopped, and a private rape counselor, instead of an accused rapist, could end up in jail. Here's Randi Kaye.
<snip>
KAYE: Bier is caught in the middle of a rape case involving two former cadets from the United States Air Force Academy in Colorado Springs. She faces a terrible choice: Betray her client's most private conversations as the military judge in this courtroom demands, or disobey and possibly go to jail.
DAVID SHELDON, DEFENSE ATTORNEY: The military judge in this case has ruled. He has ordered her to produce these records pursuant to federal law. She is not above the law.
<snip>
KAYE (voice-over): But her case will likely make law, about how far the military can reach into civilian counseling files.
Jessica Brakey claims she was raped in the fall of 2000 when she was a first-year Air Force cadet. It was at a wilderness camp ground, she says, at night, during basic training. And she adds, it took two years to gain the courage to confront her alleged attacker.
<snip>
Sorry the quote is a little long but it is in the middle of show and to be fair thought it was necessary.
Questions:
1. Should the Professional Rape Counselor be forced to hand over patient files?
2. Does the military laws regarding patient/therapist privacy need to be updated to follow federal laws?
3. If you were the therapist what would you do?
Edited to conform cited material with forum Rules. Please review them.
1. Should the Professional Rape Counselor be forced to hand over patient files?
Not without the patient's permission. But then, we don't have that protection as civilians, either, thanks to the Patriot Act. If a patient's illness is somehow construed as having some relevance to the safety of President Bush, it becomes fair game for the feds to take whatever information they want.
2. Does the military laws regarding patient/therapist privacy need to be updated to follow federal laws?
Is there an expectation of privacy in the military? If so, the laws should be changed to reflect that. But I don't believe that there is an expectation of privacy. While you're in the military, they own you (or at least that is the perception of one civilian).
3. If you were the therapist what would you do?
If my client did not want the information divulged, I would not release the information, plain and simple. It would be unethical.
Not without the patient's permission. But then, we don't have that protection as civilians, either, thanks to the Patriot Act. If a patient's illness is somehow construed as having some relevance to the safety of President Bush, it becomes fair game for the feds to take whatever information they want.
2. Does the military laws regarding patient/therapist privacy need to be updated to follow federal laws?
Is there an expectation of privacy in the military? If so, the laws should be changed to reflect that. But I don't believe that there is an expectation of privacy. While you're in the military, they own you (or at least that is the perception of one civilian).
3. If you were the therapist what would you do?
If my client did not want the information divulged, I would not release the information, plain and simple. It would be unethical.
QUOTE
1. Should the Professional Rape Counselor be forced to hand over patient files?
Without the direct authority of the patient files should never be turned over without their permission. I would imagine if it were me, I saw the counselor in complete confidence without the threat of anyone else ever knowing aside from parents/siblings. It is the choice of the patient to say what they want to say and for it to be kept in confidence with the person they were telling their story to. When suddenly that is violated and your counselor is summoned to fork over files where your discussions are residing it is the most blatant violation of trust. Without the direct approval of the patient there should be NO reason why files are handed over to anyone else.
QUOTE
2. Does the military laws regarding patient/therapist privacy need to be updated to follow federal laws?
One could argue either way. However I see the side that says it was your story to tell and no one else is entitled to know it except your therapist. But I also see that the military is a separate body with its own laws of command, law and trial, etc. Overall I would have to say that the laws do need updating. People join the military to serve their country, not to have their personal space and privacy violated.
QUOTE
3. If you were the therapist what would you do?
Consult my patient and conform to their wishes on whether or not to divulge any information to others. If I could not consult my patient I would assume a default mode and deny the right of anyone else to have the files unless they held me at gun point (privacy of others is huge in my book
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