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psychotherapist-patient privilege

California Psychology Board of Behavioral Sciences Attorney Lawyer

Psychotherapy privilege not waived by answering agency questions in dependency proceeding

By Behavioral Health, Medicine No Comments

Alameda County Social Services Agency recommended termination of N.S.’s nonminor dependency status due to her failure to participate in services and her unknown location.  At a contested hearing regarding that recommended termination, both N.S. and her therapist testified that they met weekly.  When the Agency sought testimony regarding the therapist’s…

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Child Abuse and Neglect Reporting Act (CANRA) License Lawyer Attorney

Child Abuse and Neglect Reporting Act compelling psychotherapists to report patients’ access of child pornography is constitutional

By Behavioral Health, Medicine No Comments

Psychotherapists are mandated by the Child Abuse and Neglect Reporting Act (CANRA) to report patients who disclose they have developed or accessed child pornography. A group of psychotherapists sued government officials for declaratory and injunctive relief, asserting that AB 1775, which amended the definition of “sexual exploitation” under CANRA to…

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Medical Board of California Department of Consumer Affairs Attorney Lawyer Law Firm Office

Medical board may not subpoena patient’s medical records while investigating psychotherapist’s alleged sexual misconduct absent compelling justification

By Medicine No Comments

The California Medical Board, through Executive Director Kimberly Kirchmeyer, investigated Dr. Geoffrey Phillips, a licensed psychiatrist, based on an allegation that he had a sexual relationship with one of his patients, A.M.  After her therapy with Dr. Phillips ended, A.M. divorced her husband, S.M.  S.M. then filed a complaint with…

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