As of July 1, 2008, Virginia has some new laws, several of which were enacted in response to the Virginia Tech tragedy. How might they potentially affect your clients? How might you need to change your promises about “limits of confidentiality?”
In 2008, the Virginia Legislature passed laws which may affect your practice
regardless of whether you work privately, in a CSB, or in a state college counseling center.
This presentation describes some of the legal changes that took effect July 1, 2008 and
considers how they might affect your practice in ethical, clinical, legal and practical ways.
I. Review of Legislative Changes
A. REPEAL of 20-124.3:1 – removes privilege for parents’ records in custody cases
B. Colleges may require high school mental health records for admitted students
C. Public college counseling centers to notify parents if dependent student is at risk
D. New lower standard for involuntary civil commitment
E. Providers must disclose records to magistrate if requested for involuntary civil commitment
F. CSB required to monitor compliance with mandatory outpatient commitment
II. Ethical Implications
III. Practical Considerations
A. Informed Consent Conversation about Limits of Confidentiality
B. Decisions About Disclosure Policies
C. Implications for Information Disclosed to Schools
D. Implications in Child Custody Cases
E. Other Considerations
1. Learn relevant new Virginia laws, effective July 1, 2008.
2. Discuss the text of each new statute or new amendment .
3. Consider the ethical implications of each legal change .
4. Use clinical vignettes to discuss how each new law might apply in clinical practice.