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right to privacy

Compelled Medical Exam by Licensing Board

Mental health exam ordered by Board of Registered Nursing did not infringe upon nurse’s due process or privacy rights

By Acupuncture, Audiology, Behavioral Health, Dentistry, Emergency Medical Services, Medicine, Nursing No Comments
Ophelia Lee had been licensed as a nurse for seven years when her employer, Eden Medical Center, began to doubt her mental fitness for nursing practice. Lee was examined by five mental health professionals, two of whom concluded she suffered from delusions that impaired her ability to safely function as…
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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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