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Conflicts between a mandated reporter's duties and some privileged communication statutes are common but, in general, attorney–client privileges and clergy–penitent privileges are usually exempt from mandatory reporting. In some states in the US, Psychiatrist and PhD. psychologists are also exempt from mandatory reporting. [16]
The criteria for reporting vary significantly based on jurisdiction. [11] Typically, mandatory reporting applies to people who have reason to suspect the abuse or neglect of a child, but it can also apply to people who suspect abuse or neglect of a dependent adult or the elderly, [12] or to any members of society (sometimes called Universal Mandatory Reporting [UMR]).
The original 1974 decision mandated warning the threatened individual, but a 1976 rehearing of the case by the California Supreme Court called for a "duty to protect" the intended victim. Explicit in the court's decision was the principle that the confidentiality of the therapeutic relationship is subordinate to the safety of society and its ...
The original 1974 decision mandated warning the threatened individual, but a 1976 rehearing of the case by the California Supreme Court called for a "duty to protect" the intended victim. The professional may discharge the duty in several ways, including notifying police, warning the intended victim , and/or taking other reasonable steps to ...
In medical law and medical ethics, the duty to protect is the responsibility of a mental health professional to protect patients and others from foreseeable harm. [1] If a client makes statements that suggest suicidal or homicidal ideation, the clinician has the responsibility to take steps to warn potential victims, and if necessary, initiate involuntary commitment.
State licensing laws specify state specific requirements for the education and training of psychologists leading to licensure. Psychologists who are exempted from licensure could include researchers, educators, or general applied psychologists who provide services outside the health and mental health field.
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In most areas, the law requires physicians to file a report for "Any person suffering from any wound or other physical injury inflicted upon the person where the injury is the result of assaultive or abusive conduct." [17] Mandated reporters are obligated to submit a report to a local law enforcement agency as follows.