Confidentiality is the duty owed the client, whereas privilege is the legal right held by the client, as a function of statute (in most states), with certain exceptions (mandatory reporting, express or implicit waiver, duty to protect, duty to warn; AAFP 1991). It serves as an immunity from disclosure for conversations that take place within the context of a protected relationship, such as that between an attorney and a client, a husband and wife, a priest and penitent, and a doctor (e.g., neuropsychologist) and patient. In Jaffee v. Redmond (1995), the US Supreme Court recognized a psychotherapist-patient privilege in federal common law. The Court, however, failed to define the parameters of the privilege and left the refinement of the common-law definition for the lower federal courts to make on a case-by-case basis. The Court’s decision in Jaffee v. Redmonddemonstrates the intention to establish a strong psychotherapist-patient privilege. Courts...
References and Readings
- Jaffe. v. Redmond 51 F.3d 1346, 1357 (7th Cir. 1995).Google Scholar
- Melton, G. B., Petrila, J., Poythress, N. G., & Slobogin, C. (1997). Psychological evaluations for the court: A handbook for mental health professionals and lawyers. New York: Guilford.Google Scholar
- National Academy of Neuropsychology. (2000). Test security: Official statement of the National Academy of Neuropsychology. Archives of Clinical Neuropsychology, 15, 383–386.Google Scholar
- National Academy of Neuropsychology Policy and Planning Committee (2003). Test security: An update. Official statement of the National Academy of Neuropsychology. See http://www.nanonline.org/NAN/Files/PAIC/PDFs/NANTestSecurityUpdate.pdf
- Weissman, H. N., & DeBow, D. M. (2003). Ethical principles and professional competencies. In A. Goldstein (Ed.), Handbook of psychology, Forensic psychology (Vol. 11). Hoboken: Wiley.Google Scholar