The "Goldwater Rule" has been a dead letter for years.
@Cyber Liberty@roamer_1 @mystery-akThe "Goldwater Rule", is a RULE, not a law, a group of psychiatrists wrote. It does not apply to any other mental health workers and again, it is not a law.
However,
all states have laws regarding when a mental health worker MUST report to law enforcement and/or medical personnel if the professional believes a patient is a danger to him/herself or danger to others.
It is a fact that mental health workers who observe the same behavior of a person over and over and over, can determine if the witnessed behavior fits the profile of certain personality disorders. I can do that due to many years of psychologically testing and counseling patients. At this present time, if I personally knew a person, witnessed the behavior of this person over time and then knew this person was going to harm him/herself or others right then, I would notify law enforcement or medical personnel even though I am not professionally treating the person. In my practice, when a patient came to me, before we talked about why the patient was there, I told the patient the instances when I would have to notify police or medical personnel.
Dr. Bandy Lee and others in this profession, have evaluated Trump over time. These professionals knew what they saw in the behavior of Trump over and over, and believed it was their duty to warn the country of this person who was the present president. I have the two books written by Lee and other professionals. I will follow this case.
Below is a portion of Texas law, and other states have similar laws, regarding when a Professional mental health worker must notify others if he/she believes the patient is a danger to self or others (consider the rest in "quotes", also my
bold):
HEALTH AND SAFETY CODETITLE 7. MENTAL HEALTH AND INTELLECTUAL DISABILITY
SUBTITLE E. SPECIAL PROVISIONS RELATING TO MENTAL ILLNESS AND MENTAL RETARDATION
CHAPTER 611. MENTAL HEALTH RECORDS
Sec. 611.001. DEFINITIONS. In this chapter:
(1) "Patient" means a person who consults or is interviewed by a professional for diagnosis, evaluation, or treatment of any mental or emotional condition or disorder, including alcoholism or drug addiction.
(2) "Professional" means:
(A) a person authorized to practice medicine in any state or nation;
(B) a person licensed or certified by this state to diagnose, evaluate, or treat any mental or emotional condition or disorder; or
(C) a person the patient reasonably believes is authorized, licensed, or certified as provided by this subsection.
Sec. 611.002.CONFIDENTIALITY OF INFORMATION AND PROHIBITION AGAINST DISCLOSURE (a) Communications between a patient and a professional, and records of the identity, diagnosis, evaluation, or treatment of a patient that are created or maintained by a professional, are confidential.
(b) Confidential communications or records may not be disclosed except as provided by Section 611.004 or 611.0045.
(c) This section applies regardless of when the patient received services from a professional.
Sec. 611.004. AUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION OTHER THAN IN JUDICIAL OR ADMINISTRATIVE PROCEEDING.
(a) A professional may disclose confidential information only:(1) to a governmental agency if the disclosure is required or authorized by law;
(2) to medical or law enforcement personnel if the professional determines that there is a probability of imminent physical injury by the patient to the patient or others or there is a probability of immediate mental or emotional injury to the patient;(3) to qualified personnel for management audits, financial audits, program evaluations, or research, in accordance with Subsection (b);
(4) to a person who has the written consent of the patient, or a parent if the patient is a minor, or a guardian if the patient has been adjudicated as incompetent to manage the patient's personal affairs;
(5) to the patient's personal representative if the patient is deceased;
(6) to individuals, corporations, or governmental agencies involved in paying or collecting fees for mental or emotional health services provided by a professional;
(7) to other professionals and personnel under the professionals' direction who participate in the diagnosis, evaluation, or treatment of the patient;
(8) in an official legislative inquiry relating to a state hospital or state school as provided by Subsection (c);
(9) to designated persons or personnel of a correctional facility in which a person is detained if the disclosure is for the sole purpose of providing treatment and health care to the person in custody;
(10) to an employee or agent of the professional who requires mental health care information to provide mental health care services or in complying with statutory, licensing, or accreditation requirements, if the professional has taken appropriate action to ensure that the employee or agent:
(A) will not use or disclose the information for any other purposes; and
(B) will take appropriate steps to protect the information; or
(11) to satisfy a request for medical records of a deceased or incompetent person pursuant to Section 74.051(e), Civil Practice and Remedies Code.
(b) Personnel who receive confidential information under Subsection (a)(3) may not directly or indirectly identify or otherwise disclose the identity of a patient in a report or in any other manner.
END QUOTE
I will not have a word fight with those of you who disparage mental health workers.
