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THREAD on patient confidentiality bcoz I am asked questions repeatedly. Read this & please stop tagging me on your tweets. My mentions can't cope! These are my opinions so please feel free to ignore!
1. Does confidentiality apply to counsellors/psychologists?
Ans: Yes ...1/n
2. Does confidentiality apply after death?
Ans: I am not aware of any precedent in Indian case law, but see box below. MPS is a malpractice insurance provider to Drs. Last point in Box suggests it does apply after death too. See this link for details ..2/n
medicalprotection.org/southafrica/ad…
3. What about "public interest" in the box above? That can be grounds for breaking confidentiality?
Ans: Yes. Even the Mental Healthcare Act makes this an exception to break confidentiality. However what is public interest is open to interpretation...3/n
4. What about the clause of protecting others from harm?
Ans: Yes, law allows breaking confidentiality to protect others from harm. However in the past, this has always meant protecting a 3rd party from harm by the patient concerned. In SSR case, the patient is dead...4/n
& we are talking abt harm to a person from public due to a lynch mob whipped up by mainstream & social media, Bollywood & politicians. Unsure if it is sufficient grounds to break confidentiality. This is a law enforcement issue & lady in Q needs protection from the public...5/n
Not sure if that is sufficient grounds for breaking confidentiality.
5. Can legal action be taken against the counsellor under India's Mental Healthcare Act?
Ans: Not sure. Counsellor seems to be a foreign national with foreign qualifications & not sure if she is registered..6/n
here in India.
6.Did she have licence to practice in India?
Ans: Highlights how poorly we regulate counsellors psychologists etc. Anyone can set up shop calling themselves counsellor/therapist/coach with no regulation/licensing.
END. Will add to this thread if more Q's come up
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