PROGRESS NOTES V. PROCESS NOTES Robert A. （进展指出诉过程指出罗伯特·）.pdf

PROGRESS NOTES V. PROCESS NOTES Robert A. Lees, JD, Jenna J. Sveen, JD, Michelle J. Stevens, MA, LPC, NCC, JD, Michael J. McNally, JD What is a Client Entitled to? At some point in every mental health professional’s career a client will request a copy of his/her file or an attorney will subpoena the production of the client’s file. Given a mental health professional’s duty of confidentiality and to promote the welfare of the client, it is extremely important to know when to provide a client’s file, what to provide from the file, and the steps to take when providing or objecting to a request for a client’s file. This article is meant to provide clarification on these issues when a licensed, registered, and/or certified mental health professional in Colorado receives a request for a client’s record. Confidentiality: The first step is to understand the parameters of confidential information. As a general rule, confidential information disclosed to a mental health professional, in the course of professional employment of the mental health professional, is considered privileged and may not be disclosed (emphasis added) without the consent of the client (C.R.S. §12-43-218(1) and C.R.S. § 13-90-107 (1)(g)). Therefore, generally a licensed, registered, and/or certified mental health professional in the State of Colorado may not disclose anything he or she learns during the course of the therapeutic relationship without the client’s consent. Colorado courts have long recognized the psychologist-client privilege. This privilege extends to the documents and records that evolved from that privilege. C.R.C.P. 45(c)(2)(B). However, there are certain legal exceptions, which include but are not limited to: the disclosure of child abuse (C.R.S. §19-3-304), disclosure of abuse and/or exploitation of at-risk elders (C.R.S. §18-6.5-108