The law protects the privacy of all communications between a patient and a therapist. In most situations, I can only release information about your treatment to others with your written consent. However, there are some limits to confidentiality that you need to be aware of. Please understand that if any situation as described below arises, I will make every effort to fully discuss the situation with you before taking any action and I will limit my disclosure as much as possible.
1. If a patient threatens to harm himself or herself, I may be obligated to seek hospitalization for him or her, or to contact family members or others who can help provide protection.
2. If a patient communicates a specific threat of immediate serious physical harm to an identifiable victim, and I believe he or she has the intent and ability to carry out the threat, I am required to take protective actions. These actions may include notifying the potential victim or his or her guardian, contacting the police, or seeking hospitalization for the patient.
3. If a patient is involved in a court proceeding and a request is made for information, 1 cannot provide any information without written authorization, or a court order. However, if a subpoena is served on me with appropriate notices, I may have to release the information requested.
4. If a government agency is requesting information for health oversight activities, I may be required to provide it for them.
5. If a patient files a complaint or lawsuit against me, I may disclose relevant information regarding that patient in order to defend myself.
6. If a patient files a worker's compensation claim, I must, upon appropriate request, provide a copy of any mental health report.
7. I may occasionally find it helpful to consult with other mental health professionals about my work with a client. During a consultation, names and other identifying information are not used. Discussion is limited to general information, diagnosis, and treatment. The other professionals are also legally bound to keep the information confidential. Although I do not customarily tell clients about these consultations, I will note all consultations in your Clinical Record.
8. HIPAA requires me to inform you that the modes of communication that I use in my practice (i.e., a cordless phone, a cellular phone, e-mail, and a fax machine) may not be completely secure. That is, medical information may be accessible by someone other than the intended recipient of the information. Confidentiality is paramount, however, so safeguards have been implemented. Please ask me if you have any questions about this.
Furthermore, there are some situations in which 1 am legally obligated to take action to attempt to protect others from harm. Although these situations are unusual in my practice, they may require me to reveal some information about a patient's treatment.
1. If I have reason to suspect that a child is abused or neglected, the law requires that I file a report with the appropriate governmental agency, usually the Department of Social Services. Once such a report is filed, I may be required to provide additional information.
2 If I have reason to suspect that an adult is abused, neglected, or exploited, the law requires that I file a report to the Department of Welfare or Social Services. Once such a report is filed, I may be required to provide additional information.
While this written summary of exceptions to confidentiality should prove helpful in informing you about potential problems, it is important that we discuss any questions or concerns that you may have now or in the future. The laws governing confidentiality can be quite complex, and I am not an attorney. In situations where specific advice is required, formal legal advice may be needed.