Can there be an exception to maintaining a patient's confidentiality?
Asked by: Dr. Emelia Goyette II | Last update: May 19, 2025Score: 4.5/5 (65 votes)
State, tribal, and federal mandatory reporting laws create exceptions to the requirement to maintain patient confidentiality. These mandatory reporting laws include: Child abuse reporting. Elder/vulnerable adult abuse reporting.
Are there exceptions to patient confidentiality?
This duty of confidentiality is subject to certain exceptions that are ethically justified because of overriding social considerations, such as a patient's threat to inflict serious physical harm on a specific, identified person when there is reasonable probability that the patient will carry out the threat [2].
Which scenario would be an exception to maintaining patient confidentiality?
Practitioners often advise patients at the outset of treatment as to situations in which confidentiality might be breached. These may include when patients present a danger to themselves or others as well as child and elder abuse reporting.
What are the 3 main exceptions to the confidentiality issue?
- Waiver. A person who confides in a professional can waive the protection of professional secrecy. ...
- In Case of Danger. ...
- Committing a Crime. ...
- Infectious Diseases. ...
- Inspection and Investigation by Professional Orders. ...
- Search for the Truth. ...
- Protection of Children.
What is the one exception to confidentiality?
Further HIPAA exceptions to confidentiality exist when a law enforcement official requests health data for the purpose of identifying or locating a suspect, fugitive, material witness, or missing person.
5 Scenarios of Maintaining Patient Confidentiality
What are the 7 exceptions to confidentiality?
- Detailed planning of future suicide attempts.
- Other concrete signs of suicidal intent.
- Planned violence towards others.
- Planned future child abuse.
- Formerly committed child abuse.
- Experiencing child abuse.
- Expecting to experience future child abuse.
What are the exceptions to confidential information?
Exceptions to Obligation of Confidentiality.
Some common exceptions include information that is or becomes public through no act of the recipient, information that was already in the possession of the recipient as of the date of disclosure, and information that is disclosed by court order.
When not to maintain confidentiality?
When to Break Confidentiality. There are a few situations that may require a therapist to break confidentiality: If the client may be an immediate danger to themself or another. If the client is endangering another who cannot protect themself, as in the case of a child, a person with a disability, or elder abuse.
What overrides confidentiality?
The clearest situations in which confidentiality can be justifiably overridden are those in which the patient places another person or the community at significant risk of serious harm. Confidentiality is a prima facie duty. It may be validly overridden by more compelling obligations.
What are exceptions to confidentiality APA?
1. You are a danger to yourself and threaten to harm yourself (e.g., suicidal). 2. You threaten to harm another specific person (e.g., assault, kill).
Which of the following is an exception to confidentiality?
An exception to confidentiality is when the client poses a danger to others. Thus, the correct option is C. One of the most prevalent circumstances is when a client poses a danger to himself/herself or others, in which case a therapist must alert the person in danger or someone who can keep the client safe.
What is an example of not maintaining confidentiality?
- Medical records being disclosed to a third party without your consent.
- An email containing confidential information is sent to the wrong person.
- An employee discusses their employer's affairs with someone outside of the organisation.
What are the exceptions to HIPAA?
- Research.
- Oversight of the healthcare system (e.g. licensing and regulation)
- Law enforcement.
- Judicial and administrative proceedings.
- Medical examinations.
- Body identification of a deceased person or investigation of the cause of death.
- Directories.
- Workers compensation.
What are the exceptions to the rule of confidentiality?
Exceptions to the general rule of confidentiality
A client tells you they have committed a serious crime – Serious crime covers offences such as drug trafficking, serious assaults, sexual assaults, murder and manslaughter. It does not include minor possession offences or any offences under public health legislation.
What violates patient confidentiality?
Disclosing confidential information without proper authorization. Discussing confidential information in the presence of individuals who do not have the "need to know' to perform assigned duties. Improper disposal of confidential information.
What are the exceptions to ADA confidentiality?
As a refresher, the ADA lists three circumstances in which employers may disclose information that is otherwise confidential: (i) supervisors and managers may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations; (ii) first aid and safety personnel may be ...
What is the only exception to confidentiality?
Are there any exceptions to confidentiality? Yes, there are some circumstances where confidentiality cannot be maintained. For example, a therapist must report suspected child abuse, neglect, or imminent harm to self or others. Therapists may also have to release records if subpoenaed by a court of law.
What are the exceptions to doctor patient confidentiality?
Other legal exceptions to a breach of doctor-patient confidentiality include: Medical treatment of injuries that could relate to criminal conduct (e.g., gunshot wounds, drunk driving, hit and run) Disclosures to the patient's health insurance company to get insurance coverage for treatment.
What are the limits of or exceptions to confidentiality?
The law in the State of California mandates that information may be appropriately shared when the following conditions exist: If you present an imminent threat of harm to yourself or others. When there is an indication of abuse of a child, dependent adult or elderly adult. If you become gravely disabled.
What is the golden rule of confidentiality?
A California attorney may only disclose a client's confidential information without informed consent when the attorney reasonably believes it is “necessary to prevent a criminal act” that will likely result in death or bodily harm.
When can confidentiality be broken?
Murder, manslaughter, rape, treason, kidnapping, child abuse or other cases where individuals have suffered serious harm may all warrant breaching confidentiality.
What are the boundaries of confidentiality?
Confidential information may only be shared without authorisation from the person who provided it, or to whom it relates, if it's in the public interest – ie where not sharing it could be worse than the outcome of doing so.
What are the exclusions to confidentiality?
Confidential information shall not include the following: (a) information that, at the time of disclosure, is in the public domain; (b) information that, after disclosure, is published or otherwise becomes part of the public domain through no fault of the recipient; (c) information that the recipient can show already ...
What are the exceptions to the duty of confidentiality?
An example may be if a client made threats to kill another party, and you have reasonable grounds to believe there is a risk the client might attempt to carry out that threat.
Which of the following is an exception to the confidentiality agreement?
Some commonly employed exceptions are information that the recipient can demonstrate that they had prior to receipt of information from the discloser, information that becomes known to the public through no fault of the recipient, information that becomes known to the recipient from a third party that has a lawful ...