Case law is evolution.  It is definitive for the case that it applied to.  And, in higher courts, a distinct eye from the bench is aware of the generalization that will be drawn from it.  Yet new eyes from both legal and professional perspectives will fully weave the tapestry that is to become the new platform for its application.  So, as a provider, what you discover and think is relevant to the process.

A great commentary by our respected colleagues in law:

Bar Journal - Spring 2007, Minor Secrets, Major Headaches: Psychotherapeutic Confidentiality After Berg, By Attorneys David Wolowitz and Jeanmarie Papelian

See full article, with sections highlighted by Dr Warner

Also found online at: http://www.nhbar.org/publications/display-journal-issue.asp?id=359

The New Hampshire Supreme Court issued an opinion In the Matter of Kathleen Quigley Berg and Eugene Berg on October 18, 2005. In that opinion the court addresses several questions of law including:

1. Do children have a right to privacy for their medical records and communications?

2. Does the court have the authority to seal the therapy records of the parties minor children when one parent demands access to the records for purposes of litigation?

3. Should the court have the authority to seal the therapy records of minor children when the parents are in conflict about the release and access to such records.

The Court answered all of these questions in the affirmative. Although these questions were raised in a case where parents legal custodial rights were at issue, the Board urges all mental health licensees to familiarize themselves with this opinion, particularly those practitioners who provide services to children and families. Questions regarding the application and interpretation of the court's opinion should be directed to an attorney.

from: http://www.nh.gov/mhpb/bergvsberg.html

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© 2007 Dr Deborah Warner LLC; All rights reserved.