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In the traditional psychologist-patient relationship, most
information that is discussed during the course of evaluation and/or treatment
is considered a privileged communication and is therefore confidential.
According to Florida Statute 490.0147, communication that occurs
within the context of the psychologist-patient relationship can only be
disclosed with the express written consent of the patient or under certain
special circumstances in which there is a “clear or immediate probability of
physical harm” to the patient, other individuals, or to society. In such
circumstances, the Florida licensed psychologist can only communicate this
information to the “potential victim, appropriate family member or law
enforcement or other appropriate authorities.” |
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In contrast to the traditional psychologist-patient
relationship, when individuals participate in a forensic evaluation, such
services are often court-ordered. In court-ordered criminal evaluations, the
psychologist is typically ordered by the court to furnish a copy of the
written evaluation report to the defendant’s legal counsel, the prosecutor,
and to the court. When forensic services are provided, the party who
requested the evaluation (and not the forensic psychologist or person being
evaluated) holds the privilege. For example, if the court or the
individual’s legal counsel requested the evaluation, the court or the attorney then determines to whom the written evaluation records can be
released. Individuals participating in forensic evaluations should also be
aware that sometimes the forensic psychologist is required by law to release
confidential information gathered during the evaluation such as interview
notes, raw test data, and other records to certain professionals. Under such
circumstances, the forensic psychologist must comply with the law. |
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