Subpoena Compliance, Appearance, Objection & Protective Orders in Arizona Mental Health Practice

By Scott David Stewart Esq.

This book offers guidance for mental health professionals who have been subpoenaed to testify and release confidential information to the Arizona court in family law cases. The author explains how psychiatrists, psychologists, therapists, and counselors must balance their professional ethical responsibilities to patients and clients against Arizona subpoena law requirements during discovery in divorce, child custody, and other family law cases. Treating psychiatrists, psychologists, and other mental health professionals can be ordered to release raw test data, documents, and records regarding a patient who is a party to a divorce or other family lawsuit. Mental health professionals learn how to protect client privacy and privileged communications to the greatest degree possible, even while under subpoena order. The author identifies APA code of ethics provisions that apply to the responsibility of mental health professionals to comply with court orders and, in doing so, how professional liability is limited. This book explains why family lawyers subpoena mental health professionals; the legal strategy lawyers advance in family law cases; how to manage conflicts of law between professional ethical responsibilities and Arizona law; what types of subpoenas are used in family cases; how subpoenas differ from other court orders; how raw test data raises special concerns when under subpoena; how to deal with inadequate notice to comply with a subpoena; what impact the subpoena will have on doctor-patient privileged communications; and how to go about challenging subpoenas in court.

• Format: Paperback
• Language: English
• ISBN: 0988605244
• ISBN13: 9780988605244
• Release Date: May 2015
• Publisher: Stewart & Lane, plc
• Length: 82 Pages
• Weight: 0.35 lbs.
• Dimensions: 8.5" x 0.2" x 5.5"