Yes it's an actual psychiatrist. I figured patient-doctor confidientiality laws prevented this but I wasn't sure because there are a lot of exceptions for child protections so yeah..
Reputation: 43
Yes it's an actual psychiatrist. I figured patient-doctor confidientiality laws prevented this but I wasn't sure because there are a lot of exceptions for child protections so yeah..
Reputation: 20
I think that at the extent of crime there are exceptions to 'Doctor-Patient Confidentiality'.
EDIT: Never mind, it seems that you've already found that out for yourself.
Reputation: 47
I think if the safety of the patient or others is compromised by the knowledge of some fact then the confidentiality laws are overridden, especially in cases involving minors. Unless your friend is dating someone over 18 who is abusing them, bringing them into unsafe environments, or is having sex with them, the councilor really has no legal ability to do anything.
Reputation: 133
Child Molestation laws. The reason I turned down the only girl I loved ;_;
Reputation: 64
Story of my life.Originally Posted by SgtGrimmVegas
t-t
Reputation: 265
The psychiatrist is definitely overstepping his bounds. Even if the information is not privileged in your state, it almost certainly violates some kind of law or some code of professional conduct for the psychiatrist to make threats or suggest that he will personally take legal action.
If your friend is serious I'd recommend that her familiy hire a lawyer to get this clown out of practice.
Reputation: 133
Woe is me! Q_Q
(I wasn't joking though...)
Reputation: 116
It would be hard to win this case in court since according to most states and the APA ethics code a psychologist has to report any activity of a sexual or violent nature that may cause harm to the person or anyone else. Since this would fall under statutory **** it is very possible that the psychologist would report it, but he is also possibly ethically wrong for making such a threat. The reality of the situation is that we will never know the complete story and it is very possible that the OP is painting this inadvertently in a biased manner since it is his friend that is being affected.
Edit: Found the ethics code pertaining to this:
4.05 Disclosures
(a) Psychologists may disclose confidential information with the appropriate consent of the organizational client, the individual client/patient, or another legally authorized person on behalf of the client/patient unless prohibited by law.
(b) Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for a valid purpose such as to (1) provide needed professional services; (2) obtain appropriate professional consultations; (3) protect the client/patient, psychologist, or others from harm; or (4) obtain payment for services from a client/patient, in which instance disclosure is limited to the minimum that is necessary to achieve the purpose. (See also Standard 6.04e, Fees and Financial Arrangements.)
Source: http://www.apa.org/ethics/code/index.aspx#
Reputation: 10
In my opinion, the gap of age isn't a big problem if the two are really in love with each other. Otherwise just believe what you believe, and stick to what you think is right, regardless of any rumors.
Reputation: 372
Why not just the tell the psychiatrist that she broke up(without actually doing so duh..), then tell him to f- himself for not being helpfull at all by breaking her trust and threatening her which does not constitute good therapy, and then proceed find another counselor?
In any case, unless you live in ******ed-land, I doubt it is illegal for her to date someone older than than 18. The legality here is concerning sex, is it not? So unless she told him, she had sex with this guy, or disclosed any other intimite details of their dating, he doesn't have anything for which to press charges.
If that is the case, he is actually just threatening her, which probably would be illegal, confidentiality laws or not.
If she has not committed any crime, nor her current bf - then for a trusted individual in a position of authority to make false accusations and threats of legal action against a minor causing emotional distress and trauma, can certainly be grounds for both law-suits, or for getting the invdividual in question fired.
The Common Sense United Front
ZAZAZAZAAAA, DADADADAAAA DAAAA, SHWAMSHWAMSHWAMMMM DUUUU DIIIII DAAAAAAAAAA
Reputation: 265
A duty to report means reporting it to the proper authorities. What the doctor did, if OP's story is accurate, is totally inappropriate.
Reputation: 677
State law.
Also by 90% chance no reporting it places the risk on the doctors side, because the decision concerning child-safety isn't his, but the regulations, if they exist, put him under order.
This is also not a thing I would drag to forums and I personally would be very much happy not knowing about it.
Also creating a trail of circumstantial evidence isn't very smart.
There goes deny-ability... And such is the reason why you exactly don't post this on a gaming forum, for the sake of finding out if he is just "bluffing".
Ofc he wouldn't have anything better to do...
Even though he will not know that, now his best choice is actually reporting it, to cover himself.
Reputation: 1151
Lol get outta the country Ithian. Go to Canada, their age restriction laws are pretty boss
Reputation: 101
I thought 16 was the age of consent.
I'm over 18 and I'm sure I could legally date a minor.
Reputation: 785
Hian and Paladuck are correct.
Psychiatrists, although they have a duty to report abuse to the proper authorities, are breaking doctor-patient confidentiality by threatening to use the information they gained during treatment/counselling in legal action. This is very illegal, if I remember correctly. The psychiatrist could be called upon to use what information he gained during confidentiality by the state if they deicde to prosecute yr friend's mom and bf for child abuse/molestation and whatnot, but he cannot use this information to sue you himself. He'd have to find a pretty crackpot presecutor to follow through with it.
Ask yr friend what hian asked: did she merely mention she was dating someone over 18, or did she actually say that they have had sexual relations?
And echoing Paladuck's advice: hire a lawyer.
@sinnful: You realize Paladuck is a law student, right?
Reputation: 43
It's actually nto really a friend of mine per-say but I know her. I was just wondering. Also they haven't had sex so there's no actual child molestation going on, outside of holding hands and kissing which I don't believe fall under that category. The counselor threatened her of sorts, but she is young and so ofcourse she just freaks out and agreed to what he said. I was just wondering if what the doctor did would be illegal, it'd be nice to sue him :P
Reputation: 785
According to Ithian's OP, the counsellor wanted to press charges himself, not report it. Those are different things.However, I was assuming that any report would immediately instigate proceedings by the executive, which means a criminal investigation.
Reputation: 265
If there's no sex going on, there's no statutory ****.
However, Texas child abuse statutes cover the following:
So what's happening to your friend might qualify as child abuse (somewhat of a stretch), but even if it does I'm guessing the prosecutor is not going to waste his or her time trying a case involving a consenting couple that hasn't had sex. In any case, the doctor probably has a duty to report, but if he thinks it's child abuse he has to report it to Child Protective Services. What he did is stupid. If it's a child abuse case, the state decides whether to press charges, not this goofball doctor. Also the doctor isn't going to be suing anyone. He hasn't been damaged or hurt at all by this girl kissing an adult. Basically, he's just full of shit.Inflicting or failing to reasonably prevent others from inflicting mental or emotional injury impairing child's growth, development, or psychological functioning; physical injury resulting in substantial harm, or which is at variance with explanation given; sexual abuse, exploitation, use of controlled substance resulting in mental or physical harm to child
If your friend is serious about getting some justice, tell her to hire a lawyer. The advice given on this forum is purely informational and you should take it all with a grain of salt.
Reputation: 372
Well, if she hasn't had any illegal sexual relation with the boy, then the psychiatrists has nothing to go on - Problem solved.
He can't break his oath of confidentiality if there is no crime to report, and he cannot press charges for molestation if they haven't actually commited indecent conduct in the eyes of the law.
This means that the psychiatrist is liable for
- threatening a minor with legal action without just cause.
- lying about the nature of the law to a minor with the purpose of coercing the minor into acting against her will.
- Abusing the relationship of trust between patient and counselor.
- Threatening to break the oath of confidentiality in order to press a personal agenda, which is certainly a breach of the ethical guidelines that any and all medical workers are demanded to abide by.
Without reasonable evidence or indication of a crime being planned or executed, the oath of confidentality cannot be broken without legal repercussions. The counselor cannot reasonably assume that the girl is in danger based on her testimony, and thus he is not at liberty to disclose her personal information.
He's even more botched because he threatened her without actually doing anything. If he truly thought she was in danger, he should immediately have disclosed her information to the authorities and parents respectively.
He didn't, he just threatened her, which means that the element of danger cannot be considered valid in terms of breaking confidentiality.
It also throws into doubt his entire motive for raising the issue to begin with.
She's at danger to the degree that he'd risk loosing his liscense to practise psychiatry, but he's still willing to give her "another chance" and "not do anything if she dumps the guy"? Dubious as hell.
Arguably you can character assassinate him by spinning it like he's the possible ********* in this scenario, and that simply wanted her to dump her boyfriend due to his own perverted desires.
All in all, this guy has no case, and she can just tell him to fack off really. If he pushes the matter, you should bring up the points I mentioned and have her threaten him with legal action(even better have her bring a friend when she confronts him, because numbers tend to lend authority to claims and spook people who know they've done something wrong).
Best alternative if everything fails, is to consult a lawyer and bring the lawyer to the counseling session.
gogogo
The Common Sense United Front
ZAZAZAZAAAA, DADADADAAAA DAAAA, SHWAMSHWAMSHWAMMMM DUUUU DIIIII DAAAAAAAAAA
Reputation: 677
No; He stakes his job if she doesn't comply.
That's why he most likely will have to consider writing a report even if he doesn't know the outcome, for example if she gets another doctor.
That just sounds like you want to point out how slim the chances are, not like you are ready to take responsibility for what you are saying/doing.
To me it's odd, because you didn't have to take those chances at all.
He can report anyways. It will not backfire on him, if he just puts in what he evidentially heard.
Then she can discuss with the cops, if there was nothing illegal going on.
They would probably be going to threaten her a bit more.
anything that could potentially cause harm to the pateint(suicide) can be out of bounds of confidentiality. ask the doctor what is confidential. I know drugs are under confidentiality. cuz ive told my psyciatrist what ive done and he said its fine to tell him he wont tell, he even told me its fine to smoke weed a few times a week as long as it isnt daily, even said x was fine once a year lol. love that guy, he gets me.So if a friend, under the legal age, told her counselor she was dating someone over 18. The counselor then told her to break up with him or he would press charges of child molestation and then he would also sue her mother on charges of child abuse for allowing her to date the man. Would this be breaking doctor-patient confidentiality? Is this even legal for him to do or threaten?
In before "lol this is gaming forum". I looked for a while but couldn't find anything specific on this and was hoping someone here would maybe have some information on it
but if he feels the patient is in harm he can report it to the authorities. Now if he thought i would OD on drugs he could turn me in. IF he/she thought the relationship was harmful based on what she/he said he could turn it in.....i think.
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