Kentucky Consent to Discuss Consumer's File in Presence of Third Person

State:
Multi-State
Control #:
US-01408BG
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Word; 
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Instant download

Description

The Fair Credit Reporting Act provides that the consumer, in obtaining disclosure of information in the consumer's file from a consumer reporting agency personally, is permitted to be accompanied by one other person of the consumer's choosing, which person must provide reasonable identification. The act further provides that the consumer reporting agency may require the consumer to furnish a written statement granting permission to the consumer reporting agency to discuss the consumer's file in such person's presence.

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FAQ

(1) No monetary liability and no cause of action shall arise against any mental health professional or person serving in a counselor role for failing to predict, warn or take precautions to provide protection from a patient's violent behavior, unless the patient has communicated to the mental health professional or ...

After this holding was published, many members of the medical community were shocked to discover that there is no duty to warn third parties in Texas. This misconception has developed as a result of the landmark decision in Tarasoff v. Regents of University of California, 551 P.

The Code of Alabama contains no law creating a duty to warn. It provides that client communications with licensed psychologists, psychiatrists, and psychological technicians ?are placed upon the same basis as those provided by law between attorney and client.?

Kentucky is a state with stand your ground laws on the books - meaning citizens are legally protected to use deadly force to prevent the commission of a forcible felony that poses a grave threat to themselves or others, even if they have the option to safely retreat.

(1) A credential holder shall: (a) Advance and protect the welfare of the client; (b) Respect the rights of a person seeking assistance; and (c) Make reasonable efforts to ensure that services are used appropriately.

Rule SCR 3.130(1.6) - Confidentiality of information (a) A lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation or the disclosure is permitted by paragraph (b).

The Kentucky statute states that the duty to warn may be satisfied making reasonable efforts to communicate the threat to the victim and to notify the police department closest to the patient's and the victim's residence.

(2) No registrant shall intentionally photograph, film, or video a minor through traditional or electronic means without the written consent of the minor's parent, legal custodian, or guardian unless the registrant is the minor's parent, legal custodian, or guardian.

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Kentucky Consent to Discuss Consumer's File in Presence of Third Person