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The Privilege Study

The Privilege Study Abstract • We evaluated the impact of the Texas limited privilege statute, enacted in 1979, through a questionnaire study of 121 lay persons, 79 patients receiving psychiatric outpatient treatment, and 84 psychiatrists. An almost equal percentage of lay persons and patients knew or guessed correctly that the statute existed (26% v 27%), but only 45% of the psychiatrists knew or guessed correctly that it had been enacted. Lay persons indicated that they might disclose more to a psychiatrist or psychologist if they had statutory protection, but only a few of the patients said they would have sought treatment earlier or would have disclosed more had they known of a privilege statute. Patients reported that they relied more heavily on their psychiatrists' ethics than on the statute to protect their privacy. References 1. Group for the Advancement of Psychiatry: Confidentiality and Privileged Communication in the Practice of Psychiatry: Report 45 . New York, Reports and Symposia of the Group for the Advancement of Psychiatry, 1960. 2. Shuman DW, Weiner MF: The privilege study: An empirical examination of the psychotherapist-patient privilege . Univ NC Law Rev 1982;60:893. 3. Singer E: Informed consent: Consequences for response rate and response quality in social surveys . Am Soc Rev 1978;43:144-162.Crossref 4. Rosen CE: Why clients relinquish their rights to privacy under signaway pressures . Prof Psychol 1977;8:17-24. 5. Bernal y del Rio V: The Ellsberg psychoanalytic situation . Int J Psychoanal Psychother 1976;5:349-368. 6. Suarez JM, Balcanoff EJ: Massachusetts psychiatry and privileged communication . Arch Gen Psychiatry 1966;15:619-623.Crossref 7. Functional overlap between the lawyer and other professionals: Its implications for the privilege communication doctrine . Yale Law J 1962;71:1226.Crossref 8. Wise TP: Where the public peril begins: A survey of psychotherapists to determine the effects of Tarasoff . Stanford Law Rev 1978;31:165.Crossref 9. Tarasoff v Regents of the University of California, 17 Cal 3d 425, 529 P2d 553 (1976). http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Archives of General Psychiatry American Medical Association

The Privilege Study

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References (9)

Publisher
American Medical Association
Copyright
Copyright © 1983 American Medical Association. All Rights Reserved.
ISSN
0003-990X
eISSN
1598-3636
DOI
10.1001/archpsyc.1983.01790080109014
Publisher site
See Article on Publisher Site

Abstract

Abstract • We evaluated the impact of the Texas limited privilege statute, enacted in 1979, through a questionnaire study of 121 lay persons, 79 patients receiving psychiatric outpatient treatment, and 84 psychiatrists. An almost equal percentage of lay persons and patients knew or guessed correctly that the statute existed (26% v 27%), but only 45% of the psychiatrists knew or guessed correctly that it had been enacted. Lay persons indicated that they might disclose more to a psychiatrist or psychologist if they had statutory protection, but only a few of the patients said they would have sought treatment earlier or would have disclosed more had they known of a privilege statute. Patients reported that they relied more heavily on their psychiatrists' ethics than on the statute to protect their privacy. References 1. Group for the Advancement of Psychiatry: Confidentiality and Privileged Communication in the Practice of Psychiatry: Report 45 . New York, Reports and Symposia of the Group for the Advancement of Psychiatry, 1960. 2. Shuman DW, Weiner MF: The privilege study: An empirical examination of the psychotherapist-patient privilege . Univ NC Law Rev 1982;60:893. 3. Singer E: Informed consent: Consequences for response rate and response quality in social surveys . Am Soc Rev 1978;43:144-162.Crossref 4. Rosen CE: Why clients relinquish their rights to privacy under signaway pressures . Prof Psychol 1977;8:17-24. 5. Bernal y del Rio V: The Ellsberg psychoanalytic situation . Int J Psychoanal Psychother 1976;5:349-368. 6. Suarez JM, Balcanoff EJ: Massachusetts psychiatry and privileged communication . Arch Gen Psychiatry 1966;15:619-623.Crossref 7. Functional overlap between the lawyer and other professionals: Its implications for the privilege communication doctrine . Yale Law J 1962;71:1226.Crossref 8. Wise TP: Where the public peril begins: A survey of psychotherapists to determine the effects of Tarasoff . Stanford Law Rev 1978;31:165.Crossref 9. Tarasoff v Regents of the University of California, 17 Cal 3d 425, 529 P2d 553 (1976).

Journal

Archives of General Psychiatry – American Medical Association

Published: Sep 1, 1983

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