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3. The licensed professional may disclose confidential information in the event there is imminent risk of physical harm to the patient/client, other members of society insomuch as the communication is released only to a potential victim, appropriate family member, law enforcement, or other appropriate authority.
The duty to warn refers to a counselors obligation to warn identifiable victims. The duty to protect is a counselors duty to reveal confidential client information in the event that the counselor has reason to believe that a third party may be harmed.
Duty to warn refers to the responsibility of a counselor or therapist to inform third parties or authorities if a client poses a threat to themselves or another identifiable individual. 1 It is one of just a few instances where a therapist can bdocHub client confidentiality.
Florida provides a duty to warn on a permissive basis. In Floridas iteration of the Tarasoff duty, the psychiatrist may disclose confidential patient communications to warn a potential victim and must disclose patient communications to communicate the threat to law enforcement. The statute, Fla. Stat.
The duty to warn arises when a patient has communicated an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable victim or victims, and the patient has the apparent intent and ability to carry out such a threat.
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The Duty to Protect: Four Decades After Tarasoff ImplementationStatePermissive dutyAlaska, Arizona, Arkansas, Connecticut, District of Columbia, Florida, Hawaii, Kansas, Mississippi, New Mexico, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Texas, West Virginia, Wyoming3 more rows Apr 1, 2018
What Privileges Apply to Medical Records? Along with Florida state law, the federal law known as the Health Insurance Portability and Accountability Act (HIPAA), normally requires doctors and their staff to keep your medical records confidential, unless you allow the doctors office to disclose them.
Communication between a clinician and a client may only be disclosed when: (a) the client signs a Consent Form and/or our release of information form authorizing such disclosure, (b) in cases of immediate danger of serious harm to the client or someone else, or (c) other infrequent circumstances as described below
The Constitution of the State of Florida expressly recognizes a right to privacy under Article I, Section 12 Floridas Constitutional Right to Privacy: Every natural person has the right to be let alone and free from governmental intrusion into the persons private life except as otherwise provided herein.
When Does a Therapist Have to Break Confidentiality? Any time when the client poses an imminent danger to themselves or others where breaking therapist confidentiality would be necessary to resolve the danger. Any time when the therapist suspects child, elder, or dependent adult abuse.

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