Directives, Memos and Documents
Regulations, guidelines, and proposals regarding legal and ethical considerations for medical practitioners and chaplains, as they pertain to privacy/confidentiality and "Don't Ask, Don't Tell."
American Nursing Association - 1985
This document provides guidelines for nurses in the execution of their responsibilities, including their responsibility to ensure patient confidentiality.
Report from the Council on Ethical and Judicial Affairs - 1994
Recognizing the importance of the patient-physician relationship, this report details a number of patient's rights that physicians are encouraged to support.
Office of the General Counsel, American Medical Association - 1998
Developed by the AMA's Office of General Counsel, this document describes physicians' legal obligations to maintain patient confidentiality. It addresses legal issues such as: what consitutes a breach of confidentiality; patient consent in the release of medical information; who can consent to release; what information must be contained in a release; and implied consent and public policy requirements for disclosure of confidential medical information. The document also includes tips for safeguarding confidential medical information.
American Psychological Association
These standards address psychologists' responsibilities for maintaining patient confidentiality. The standards address issues including the limits of confidentiality, records management, disclosure of confidential medical information, and consulation with colleagues.
Excerpt from Executive Order 13140
In 1999, the Manual for Courts-Martial was amended to include provisions regarding psychotherapist-patient privilege. The provisions explain patients' rights to confidentiality and the conditions under which they may claim these rights. In addition, the amendment outlines who may claim privilege, what consitutes exceptions to privilege, and procedures for admitting privileged information in court cases.
SLDN's Proposed Guidelines to the U.S. Army Regarding Chaplain's Interactions with Gay Service Members - September 1, 2000 [PDF]
In this letter to the Army's Commanding General of Training and Doctrine Command, the Deputy Chief of Staff for Personnel, and the Chief of Chaplains, SLDN presents suggestions for interactions between chaplains and lesbian, gay, and bi-sexual service members, as well as those service members perceived to be gay.
Regulations relating to security clearance investigations.
Executive Order 12968
This order establishes a uniform federal personnel security program for employees who will be considered for initial or continued access to classified information.
Implementation of "Policy Guidelines on Homosexual Conduct in the Armed Forces" in Personnel Security Investigations and Adjudication [PDF]
This memo explains regulations for investigating and adjudicating personnel security measures. The regulations cover limitations on investigations, questions about sexual orientation and conduct, the evenhanded application of investigations and adjudications, and the use of information obtained during personnel security investigations and adjudications.
Read other Department of Defense directives, memos, and documents related to “Don’t Ask, Don’t Tell” (DADT).
Memorandum from the Under Secretary of Defense (Personnel & Readiness)
Issued by Under Secretary of Defense Bernard Rostker in July 2000, this memo directs the implementation of the Anti-Harassment Action Plan. The Action Plan was developed in response to findings from the Inspector General about the prevalence and tolerance of harassment based on perceived sexual orientation that exists within the military.
New guidance (DoD Instruction 1332.14 and DoD Instruction 1332.30) was issued requiring the following: DADT investigations must be approved by O-7 or higher; Inquiry Officer must be O-5 or higher; and separation must be approved by O-7 or higher. The new guidance also better defined “credible information” and “reliable source,” while establishing some confidentiality for statements made to lawyers, psychotherapists, and clergy.
This memo, issued from Secretary of Defense Gates with memo from Under Secretary Stanley, required that any discharge under DADT be personally approved by the Secretary of the military department concerned, in coordination with DoD General Counsel and Undersecretary for Personnel and Readiness.