Strategies for Private Practitioners Coping With Subpoenas or Compelled Testimony for Client/Patient Records or Test Data or Test Materials

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Abstract

Psychologists have numerous ethical, professional, and legal obligations regarding the release of Client/Patient records, test data, and other information in the legal context. The demands of the legal system sometimes conflict with psychologists’ ethical obligations to maintain confidentiality of Client/Patient records, to protect the integrity and security of test materials, and to avoid misuse of assessment techniques and data. This article identifies legal issues that may arise when private practitioners are faced with subpoenas or compelled court testimony for Client/Patient records or test data and suggests strategies that might be considered in the event such a subpoena or demand is received.

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