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Old Nov 08, 2006, 02:49 AM
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Hmm... Actually... I'm not sure that they are yours but I'm fairly sure that there are restrictions on what a clinician can use them for...

I'm fairly sure... That the clinician owns them. Though if you see someone in the public service then it might be a bit different... My notes were on my mental health file so the clinician certainly didn't get to keep them when I left.

I'm not sure that your clinician was allowed to photocopy them for his own personal use... I would say that your clinician notes are made in order to facilitate your clinical care. Your therapist photocopying them for their personal use without your permission sounds off to me...

I'm fairly sure that consent must be given before your clinician could use your notes for something like that. That being said... Sometimes people do do wrong...

I'm from NZ, however, so things could run differently in the US. I'm fairly sure that the client doesn't own the notes, however, as the client has to apply to be able to see them and the client doesn't get to keep a copy usually (though I've requested this before and it has been granted).

The point of clinical notes...

Is professionalism. Why? So that if something happens to you (you commit suicide or a crime or someone hurts you or kills you or something) then your notes are there. This is to protect your clinician. If you were to commit suicide and your clinician had to appear in court and say why they didn't do anything to prevent you and your clinician had kept no formal notes... Your clinician would look like an incompetent @ss.

Same goes for cases where the client sues the clincian for inappropriate conduct or something like that. Clinician appears in court and there aren't any formal notes... Your clinician looks like an incompetent @ss.

I would say that it would be really very hard to find a competent, professional clinician who would agree to see you on the condition that they don't keep notes.

That being said typically there can be some sort of comprimise and I'm fairly sure that a competent and professional clinician should understand that you have been burned about this and it is understandably something you are sensitive about. They should also be able to reassure you that the notes are for them to help you in your progress and that they will not be disclosed to third parties without your explicit consent unless they are ordered to disclose them for a court of law...