It is sometimes difficult for the practitioner to know which laws or regulations or guidelines he or she is required to adhere to when this kind of situation arises. Since there is little, if any, Federal law to address this issue, the practitioner needs to know which laws or regulations to follow. The laws and regulations that apply to the practitioner may be in one or many places. A complicating factor is that while many jurisdictions nationwide have adopted and endorsed Tarasoff s rationale, not all jurisdictions have, as depicted in the Texas Supreme Court decision summarized at the right. Some States specified certain conditions that must be met before violations of confidential communications occur.
Federal practitioners have more to consider.
They are obligated to follow 42 CFR Part 2, Confidentiality of Alcohol and Drug Abuse Patient Record s, which is quite restrictive. These exceptions must also be discussed verbally. Considering these issues in advance can help to protect the welfare of patients and helps the practitioner to practice from a better liability position. If you do have to take a Tarasoff type action, you will probably need to do it quickly.