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Confidentiality, law and reporting: sharing information, records, the duty to report and the professional title

Patient information is shared outside the treating team only with the patient's written consent (or the parents' for a minor), under a court order or when the law requires it — such as the duty to report suspected harm to a minor or a helpless person; the title "communication clinician" is protected by law, and a student works only within a training framework and under supervision.

Why it matters in the exam

Questions present a request for information and ask what to do: a patient's spouse, the school psychologist or an occupational therapist — information is given only after a signed confidentiality waiver (by the patient or the parents); consulting a colleague who does not know the patient is allowed without identifying details; a court order — send the file as instructed; a mother who wants to move to another clinician — is entitled to receive the medical information about her child; and a friend's request for the list of teachers at the school so she can offer them therapy — ask each teacher whether he agrees. Information about an adult patient, such as a soldier, is not given to her mother without her consent.

Another part concerns the duty to report and the law: when a clinician sees an assistant yelling at children and a child says the assistant hurts him — report at once to the competent authority; when a patient with aphasia in a rehabilitation centre indicates abuse — report. Recording sessions for teaching and research needs informed consent. Under the Health Professions Regulation Law (2008) an unlicensed person may not present himself as a communication clinician or work as one — an excellent student was not entitled to treat independently, and a student who keeps treating in a kindergarten after the clinician went on leave and was not replaced is acting against the law. Information a colleague shares about her former patient without consent is a breach of confidentiality.

Key points

Summary table

SituationWhat is allowed or requiredBasis
Request from another professional (psychologist, occupational therapist)Share only after a confidentiality waiver signed by the patient or parentsPatient's Rights Law
A family member of an adult patientOnly to someone the patient consented to in writingMedical confidentiality
Consulting a colleagueAllowed, without identifying detailsFor the patient's benefit
Parent of a minorEntitled to information about the child, including to move to another clinicianRight to medical information
Court orderHand over the file as the order saysA legal obligation
Suspected harm to a minor or helpless personReport at once to the competent authority (welfare services or police)The reporting duty in the Penal Law
Licensing and titleOnly a licence holder is called a "communication clinician" and treats; a student — only in training and under supervisionHealth Professions Regulation Law, 2008

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Sources

Sources are given for further reading; the text is written afresh and not copied from them.

Reviewed by the Examqo AI Professor · 2026-11-02. The text may contain errors; when in doubt, check the source.