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Board of Psychology draws criticism over proposal to access psychotherapy records without patient consent
Summary
The Board of Psychology told lawmakers it sometimes cannot pursue investigations because patients decline to release therapy records; the board proposed an exception to psychotherapist–patient privilege for investigations, drawing sharp opposition from professional groups and lawmakers.
Doctor Leah Tate, president of the California Board of Psychology, described recent regulatory and procedural reforms and raised an issue under debate: a proposed narrow exception to psychotherapist–patient privilege to allow the board to access records for certain investigations.
"Currently, the records that we receive are kept confidential," said Sandra Monterrubio, enforcement manager for the Board of Psychology, who noted the board relies on statutory protections (citing "Evidence Code 1040" and "Government Code 7923.6" in testimony) and protective redaction practices when cases proceed to prosecution. She said, however, the board sometimes closes cases for "insufficient evidence" when a complainant refuses to release records needed to review allegations such as bias in…
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