Rule 504. Psychotherapist-patient privilege
Source:
Section 40.230 — Rule 504. Psychotherapist-patient privilege, https://www.oregonlegislature.gov/bills_laws/ors/ors040.html.
See also annotations under ORS 44.040 in permanent edition.
Notes of Decisions
Where defendant telephoned Dammasch State Hospital and told receptionist that he wanted to speak to a doctor because he “just killed a man” communication was not confidential and, therefore, was not privileged; subsequent statements to psychiatrist were not communications made for purpose of diagnosis or treatment where psychiatrist’s purpose was to keep defendant on telephone until police arrived rather than to establish psychotherapist-patient relationship and, therefore, those statements were not privileged. State v. Miller, 67 Or App 637, 680 P2d 676 (1984)
Defendant hospital’s duty of confidentiality did not extend beyond patient to patient’s family where facts disclosed did not concern family and did not arise out of any family involvement in patient’s treatment. Doe v. Portland Health Centers, Inc., 99 Or App 423, 782 P2d 446 (1989)
Where legislature intended to exclude person who is specifically consulted for drug and alcohol dependency from definition of psychotherapist, mother could not claim psychotherapist-patient privilege as to evidence about her drug and alcohol treatment in termination of parental rights case. State ex rel Juv. Dept. v. Ashley, 312 Or 169, 818 P2d 1270 (1991); 112 Or App 153, 826 P2d 130 (1992)
Abrogation of privilege by ORS 419B.040 with regard to child abuse cases applies to psychotherapist communication with patient accused of abuse. State ex rel Juvenile Dept. v. Spencer, 198 Or App 599, 108 P3d 1189 (2005)
Law Review Citations
22 WLR 607 (1986)
Up to date