Limits of Confidentiality

The law protects the privacy of all communications between a client and a therapist. In most situations, a therapist can only release information about your treatment to others if you sign a written Authorization form that meets certain legal requirements imposed by state law and/or HIPAA.

However, there are some situations in which a therapist is legally obligated to take actions that he/she believes are necessary to attempt to protect others from harm, and he/she may be required to reveal some information about your treatment.

• If he/she has knowledge of a child under 18 or reasonably suspects that a child under 18 that he/she has observed has been the victim of child abuse or neglect, the law requires that he/she file a report with the appropriate governmental agency, usually the county welfare department. He/she also may make a report if he/she knows or reasonably suspects that mental suffering has been inflicted upon a child or that his or her emotional well being is endangered in any other way (other than physical or sexual abuse, or neglect). Once such a report is filed, he/she may be required to provide additional information.
• If he/she observes or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect of an elder or dependent adult, or if an elder or dependent adult credibly reports that he or she has experienced behavior including an act or omission constituting physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or reasonably suspects that abuse, the law requires that she report to the appropriate government agency. Once such a report is filed, he/she may be required to provide additional information.
• If you communicate a serious threat of physical violence against an identifiable victim, he/she must take protective actions, including notifying the potential victim and contacting the police. He/she may also seek hospitalization or contact others who can assist in protecting the victim.
• If he/she has reasonable cause to believe that you are in such mental or emotional condition as to be dangerous to yourself, he/she may be obligated to take protective action, including seeking hospitalization or contacting family members or others who can help provide protection.

NOTE: If such a situation arises, a therapist will make every effort to fully discuss it with you before taking any action and will limit disclosures to what is necessary. Although this written summary of exceptions to confidentiality should prove helpful in informing you about potential problems, it is important that you and your therapist discuss any questions or concerns that you may have.