Quote:
Originally Posted by tara_922
The point is that she did not call a crisis center, she called a treatment provider asking for help. She DID say that she was NOT suicidal when asked. I'm sure there is no rule that constitutes saying it is an option is the same thing as it being an action. That would be like saying getting drunk is always an option for me being equivalent to being drunk.
As a therapist or mental health provider, whatever it is you do, you should be informed of HIPAA laws and know that nobody in a position of authority is allowed to disclose your personal health information without your written consent. New York is not special in that area.
I would suggest you re-read her post and specifically the part where she was asked and told the lady on the phone that she was not suicidal and needed no additional help. You seem to be coming from the point of this person actually making a suicidal threat or gesture, which she did not.
I would suggest the laws in New York to change to reflect the fact that suicide is an option for many and if that is said along with the statement that one is not suicidal and has no intent to act that there be no need to waste precious tax dollars and authorities time to check on the individual. Taking such extreme action in very low-risk cases is wasteful and ignorant regardless of where you are from.
Why is there such paranoia about suicide? OMG s/he is going to do it, quick lock them up! PLEASE! People are responsible for their own decisions suicide included. If a person works in the mental health profession and can't handle the unnecessary guilt they may feel over somebody else's actions they need to be in a different line of work. Period. Suicide happens and unless the person is making threats or gestures, or has acted there should be no government intervention. If the police were called every time I was feeling suicidal they'd have to hire more officers. Just because I am feeling suicidal does not mean I will act on it. This person wasn't even feeling suicidal for crying out loud! She just keeps that door open in case perhaps one day she decides she can't cope with life anymore. That is not a crime and should not be treated as such!
What has the United States come to where we value taking somebody's rights away from them for an opinion they have regarding suicide.
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here in NY there are set laws and rules that treatment providers (doctors, therapists, psychiatrists, psychologists...), agencies that provide health services (physical and mental) and the law enforcement must use in dealing with suicide or any other type of threat where there is a potential for someone doing harm to their self or others.
Because of the 9/11 incident, NY has adopted a zero tolerance view on violence & suicide.
yes I know about HIPPA and HIPAA privacy laws. treatment providers can not call up someones relative just for the heck of it and say I see your daughter for this that and the other thing. but *any* treatment provider it doesnt have to be one that you are now seeing. treatment providers in NY are called mandated reporters. them must report when they suspect abuse, or someone making a threat of harm to their self or others. HIPPA and HIPAA does allow treatment providers to disclose to the police any and all information the police need when there is a threat of suicide and homicide. Here in NY treatment providers have to give their clients a paper that says right on it that in the event of threat of harm to one self and others the agency has the right to contact the police and inform them of the threat. Im not sure but I think since 9/11 it may now be USA law that because of HIPPA and HIPAA treatment providers even emergency rooms must hand out a paper spelling out the law and under what situations treatment providers must release information to the police or other law enforcement to protect the one making the threat and others that could possibly be hurt.
the USA police are not bound by HIPPA and HIPAA Privacy law. only treatment providers are bound by that law. the police are bound by their own state town and city judicial laws to enforce safety for everyone. here in NY the judicial laws do allow the police to contact family members and tell them what is going on when there is a potential threat of harm to oneself or others. the police officer that picked up her husband was not bound by HIPPA nor HIPAA because he was not her treatment provider and as a police officer he is exempt from those laws. he was bound only to the judicial laws of the state he works in as a police officer.
now we can sit here and keep batting this ball back and forth just because my state does things differently than yours and you have a different opinion of this situation than I do but its not going to do the original poster any good.
for the original poster - there are many locations and many different people on psych central so there is going to be people who do not agree because they are going by their own rules in their locations and their own personal views.
that said my post was based on what and how NY and the agencies around here where I live and work do things. if you would like to have these questions you asked answered based on your own location you will need to contact your own treatment providers and the police station in your area. they can tell you what the laws and rules say for handling such things in her town and location.