# Law and confidentiality

**URL:** <https://boards.straightdope.com/t/law-and-confidentiality/355627>\
**Category:** Factual Questions\
**Created:** [May 6, 2006, 1:24am UTC](https://boards.straightdope.com/t/law-and-confidentiality/355627 "2006-05-06T01:24:22Z")\
**Posts on this page:** 2\
**Page:** 2

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**Author:** ![Random](https://avatars.discourse-cdn.com/v4/letter/r/57b2e6/32.png) [@Random](https://boards.straightdope.com/u/Random)\
**Post date:** [May 6, 2006, 7:09am UTC](https://boards.straightdope.com/t/law-and-confidentiality/355627/21 "2006-05-06T07:09:54Z")

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Damn, a lot of WAG’s here. ( **Gfactor** , **Pravnik** (nice work, as always, you two)and a couple others excepted.) ( **southfarthing** included, too, on reread - nice _Tarasoff_ cite.)

It’s 2:00 a.m., and I’m still at the office, so please excuse any crankiness, but why do people insist on guessing at answers in GQ? (and why, oh why was I foolish enough to open the Dope at this hour?)

I’m sure I won’t address all the mistatements, but here’s a few:

> [@drachillix](#):
>
> Your presit and your lawyer IIRC are the only ones who can pull that off and your preist will most likely encourage you to turn yourself in. Dunno about psych types but since your crime has nothing to do with your care or your medical condition, plan on being reported. No cite but the wife thing IIRC is an urban legend.

As blanket, unqualified claims, the way they were made:

Claim #1 (Priest and lawyer only ones) – No. Claim #2 (plan on being reported by psychiatrist for disclosure of completed\* crime) – No. (and just how you do you conclude that the fact that someone murdered his wife is not something that a psychiatrist would want to know to effectively evaluate and treat the killer?) Claim #3 – No, as others have already established.

Wow. 0 for 3.

\*_see Tarasoff_, already cited. _Also see_ a reply to a post I made a few days ago about general mental health provider privileges in my state that I’m too tired to locate. 740 ILSC 110/1 _et seq._ may have been mentioned, though. Yeah, it has exceptions.

> [@Dxzero](#):
>
> Pretty sure that there is no standard for confidentality in PHD’s…

Well, in general, I agree. You probably can’t stop Dr. Williams, the guy with the double Rhetoric and Physical Education Ph.Ds, from spilling his guts. In context, though, I think that that the OP had something more like a Ph.D psychologist in mind. In which case, I believe many (if not most) states would recognize a privilege.  
**Guin:** You’re obviously guessing. Your first reply has already been addressed by others. Your second guess-post is probably not that far off the mark, at least in some states, and at least in many circumstances, but it’s still a guess. Why do that in GQ? It adds to nothing except your postcount.

Usual disclaimer. Plus, I’m extra-special tired. So it would be a really, really bad idea for anyone to treat this as reliable legal advice. See a lawyer licensed in your state if (a) you plan to tell anyone about your history of crime; or (b) your patient/client/person-who-you-do-social-work-for-except-you-call-it-something-else/spouse/whoever just confessed that he shot JR and you are wondering what you should do.

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**Author:** ![DxZero](https://avatars.discourse-cdn.com/v4/letter/d/e99b99/32.png) [@DxZero](https://boards.straightdope.com/u/DxZero)\
**Post date:** [May 6, 2006, 7:06pm UTC](https://boards.straightdope.com/t/law-and-confidentiality/355627/22 "2006-05-06T19:06:53Z")

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> [@Random](#):
>
> Well, in general, I agree. You probably can’t stop Dr. Williams, the guy with the double Rhetoric and Physical Education Ph.Ds, from spilling his guts. In context, though, I think that that the OP had something more like a Ph.D psychologist in mind. In which case, I believe many (if not most) states would recognize a privilege.

Ah yes, I misunderstood and I forgot that psychologists are not medical doctors.

_“In many states, the privilege is limited to professional relationships between licensed doctors of medicine and their patients. Other states extend the privilege to chiropractors, psychologists, therapists, etc.”_

[Cite](http://law.enotes.com/everyday-law-encyclopedia/89978)

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