By Andrea Ball
AMERICAN-STATESMAN STAFF
Published: 7:52 p.m. Sunday, Jan. 22, 2012
Mental health providers have questioned for years whether child abuse reporting laws apply to adult patients who talk about their childhood problems in therapy. Now the Texas State Board of Examiners of Psychologists wants the attorney general's office to weigh in on the issue.
"In light of ongoing concerns, the ethical considerations that have been raised and taking into consideration the potential negative effects for adult victims, we are seeking your review and clarification of this matter," board Chair Tim Branaman wrote in a Dec. 11 letter to the attorney general's office.
Texas' mandatory reporter law requires certain professionals to report suspected child abuse or neglect to the proper authorities within 48 hours of a disclosure. The law applies to doctors, teachers, clergy members and other professionals. Mental health providers have been obligated to report since 1995.
The psychology board instructs its licensees to report all child abuse and neglect concerns "irrespective of whether the victim is now an adult," Branaman wrote. But the law continues to generate confusion and concerns for mental health providers who struggle with the idea of reporting personal information about adult patients, especially when those patients object to the disclosure.
The 48-hour rule can also put psychologists in the position of having to report the information before they can adequately discuss with patients the consequences or benefits of reporting, Branaman wrote.
"Confidentiality is the bedrock of mental health services, and I think that psychologists have seen people literally turn away from therapy or not talk about the issue because they don't want it reported," said Sherry Lee, executive director of the psychology board, which regulates Texas psychologists.
Prosecutors are concerned about the idea of exempting anyone from the mandatory reporter law, said Shannon Edmonds, director of governmental relations with the Texas District and County Attorneys Association.
"I think the Legislature has already decided that those concerns are outweighed by the need to make sure the abuser has stopped," he said. "The problem may have stopped for that victim years ago, but what's to say (the abuser) hasn't moved on to another victim?"
The question comes at a time when multiple law enforcement agencies are investigating former Austin State Hospital psychiatrist Charles Fischer, who has been accused of abusing at least nine patients during the past 20 years.
The investigation began after a counselor told authorities in May that her adult patient reported being sexually abused at the facility as a teen.
That call to the Department of Family and Protective Services led investigators to review other allegations against the doctor.
In October, the agency said that it believed the doctor had sexually abused two teen boys in the early 2000s. Fischer was later fired from Austin State Hospital. The Texas Medical Board then suspended his license.
Fischer, who has not been criminally charged, has denied the accusations through his attorney. He is fighting his termination from the hospital and plans to appeal the medical board's action on his license.
Lee said the Fischer case has nothing to do with the board's letter. The issue has come up multiple times over the years and was raised recently by the supervisors of a public university psychology and counseling training clinic.
The attorney general's office has 180 days to render its decision.
aball@statesman.com; 912-2506
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