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About Confidentiality

Confidentiality

There are limits on confidentiality and your counselor should explain them before you begin counseling. It is essential that you clarify these limits with your counselor before proceeding. Your records may become available to certain outsiders in the following situations:

  • If you are in a custody dispute you, normally, have to allow access to counseling records so that the court can determine your fitness to parent.
  • If you bring a suit claiming psychological pain or injury, it is likely that your counseling records will be released to permit an examination of your emotional functioning.
  • Under some circumstances in a criminal matter a court may order access to your records, although this is typically done only after arguments have been heard.
  • If you are part of a treatment program mandated by a court or part of a probation agreement the court may have access to the records of your treatment. This should be clarified when you are in the process of deciding whether to agree to such a program.
  • If your employer requires that you obtain some sort of treatment in order to keep your job, you should clarify whether you, or the company, are the client and who gets access to the information. Evaluations connected with employment applications are often open to employers.
  • If your counseling or therapy is being paid for by an insurance company or health plan, they have the right to review the records in order to insure that the service is appropriate.

The limits of confidentiality

Your counselor/therapist should explain the limitations on confidentiality that are listed below. It is always important to ask for more information if you are unclear about any of this, or if the situation somehow changes.

 

  • If you make a serious threat to harm someone else, and the counselor believes that you are about to go out and do it, the counselor may have to make a call to try to prevent this from happening.
  • If you become seriously suicidal, your counselor may have to contact someone in an attempt to prevent you from taking your life.
  • If you are involved in child abuse or neglect your counselor is required to report this information, although the specifics of the duty may depend on where you live.  In some states this includes a pregnant woman who is abusing drugs and endangering her unborn child.
  • Your counselor may be required to report abuse or neglect of a vulnerable adult.  This can mean you, if you are in somebody's care and have been abused or neglected, or a situation you describe to the counselor.
  • If you tell your counselor of misconduct by a past helper -- a doctor or counselor or other health care professional -- the counselor may have a duty to report this to the licensure board which licenses that professional

So, generally counseling and the records connected with it are confidential, but there are exceptions where your welfare or that of someone you might harm are at issue.


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