OLERE - Oklahoma Legal and Ethical Responsibilities Confidentiality and Privileged Communication Questions and Answers 1 — Questions and Answers
Question 1: An LPC in Oklahoma is treating a couple, John and Jane, for marital issues. During an individual session, John discloses that he has been embezzling money from his employer. Later, the employer's attorney subpoenas the LPC for John's treatment records. In this situation, the LPC's responsibility regarding the disclosure of information is to:
- Assert privilege on behalf of John for the individual session records, as the subpoena alone is not sufficient for disclosure. (Correct answer)
- Immediately release all records for both John and Jane, as a subpoena is a legal demand.
- Only release the records from the joint sessions, withholding all individual session notes.
- Inform John that he must confess to his employer before the LPC is legally required to turn over the records.
Correct answer: Assert privilege on behalf of John for the individual session records, as the subpoena alone is not sufficient for disclosure.
According to Oklahoma statutes (43A O.S. § 1-109), mental health information is confidential and privileged. A subpoena by itself is not sufficient to authorize the disclosure of this information; a valid court order is typically required. The LPC has a duty to protect the client's confidentiality and should assert privilege on the client's behalf until ordered by a court to do otherwise or upon receiving a valid client authorization.
Question 2: Under Oklahoma law, which of the following is an explicit exception to client confidentiality for Licensed Professional Counselors?
- A request from the client's spouse for information about their partner's treatment.
- A client's disclosure of a past, non-violent felony conviction.
- To prevent a clear and immediate danger of physical harm to a person or persons. (Correct answer)
- A formal inquiry from the client's employer regarding their fitness for duty.
Correct answer: To prevent a clear and immediate danger of physical harm to a person or persons.
The Oklahoma Administrative Code for Licensed Professional Counselors (OAC 86:10-3-4) and for Licensed Marital and Family Therapists (OAC 310:400-5-2) specifies that counselors shall not disclose client confidences except in certain situations. One of these key exceptions is to prevent a clear and immediate danger to a person or persons, which aligns with the 'duty to protect' or 'duty to warn' principles.
Question 3: A therapist is providing services to a 16-year-old client in Oklahoma. The client reveals they are being emotionally and physically abused by a family member. According to Oklahoma's mandatory reporting laws, the therapist must:
- First get permission from the client before making a report.
- Report the suspected abuse promptly to the Oklahoma Department of Human Services (OKDHS). (Correct answer)
- Only report the abuse if the client is willing to testify against the family member.
- Wait for clear and convincing evidence before involving any state agencies.
Correct answer: Report the suspected abuse promptly to the Oklahoma Department of Human Services (OKDHS).
Oklahoma law is very clear that every person who has reason to believe a child is a victim of abuse or neglect must report it promptly to the OKDHS. This duty supersedes professional confidentiality codes. The standard is 'reason to believe,' not 'clear and convincing evidence,' and the report must be made regardless of the client's permission.
Question 4: In Oklahoma, the legal concept of 'privileged communication' between a psychotherapist and a patient belongs to whom?
- The therapist, who can decide whether to invoke it.
- The court, which holds the privilege in all legal proceedings.
- The patient, who has the right to refuse disclosure of confidential communications. (Correct answer)
- The licensing board, which oversees the ethical application of privilege.
Correct answer: The patient, who has the right to refuse disclosure of confidential communications.
According to Oklahoma Statute §12-2503, the patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of diagnosis or treatment. The therapist claims the privilege on behalf of the patient, but the privilege itself belongs to the patient (or their legal guardian/representative).
Question 5: A client in Oklahoma informs their psychologist that they have a specific plan and the means to cause serious bodily harm to a reasonably identifiable person. To meet the 'duty to protect' requirements under Oklahoma law, which of the following actions would be considered a reasonable precaution?
- Telling the client that their plan is unethical and exploring its origins.
- Making reasonable efforts to notify the potential victim and/or a law enforcement agency. (Correct answer)
- Agreeing to keep the threat confidential if the client promises not to act on it.
- Documenting the threat in the client's file and scheduling a follow-up appointment.
Correct answer: Making reasonable efforts to notify the potential victim and/or a law enforcement agency.
Oklahoma Statute §59-1376 outlines the duty to protect when a patient communicates an explicit threat to a reasonably identified person. A psychologist is deemed to have taken reasonable precautions if they make reasonable efforts to communicate the threat to the potential victim, notify a law enforcement agency, or take steps to hospitalize the patient.
Question 6: An LMFT is treating a family in Oklahoma consisting of two parents and their 14-year-old child. The parents provide a written waiver to release the child's therapy records to the school. The child, however, explicitly tells the LMFT they do not want their records shared. What is the LMFT's ethical and legal obligation?
- Release the records because the parents, as legal guardians, have provided a valid waiver. (Correct answer)
- Refuse to release the records because the minor client did not consent.
- Release only the records from sessions where the parents were present.
- Seek a court order before releasing any information to the school.
Correct answer: Release the records because the parents, as legal guardians, have provided a valid waiver.
In Oklahoma, for minor clients, the legal right to consent to treatment and authorize the release of information generally rests with the parents or legal guardians. While it is ethically important to consider the minor's assent and build a trusting therapeutic relationship, the parents' legally valid written waiver authorizes the release. The LMFT should document the child's objection and discuss the implications with the family, but the parents' waiver is the controlling legal factor.
OLERE - Oklahoma Legal and Ethical Responsibilities Confidentiality and Privileged Communication Questions and Answers 1
An LPC in Oklahoma is treating a couple, John and Jane, for marital issues.
During an individual session, John discloses that he has been embezzling money from his employer.
Later, the employer's attorney subpoenas the LPC for John's treatment records.
In this situation, the LPC's responsibility regarding the disclosure of information is to: