Will my therapist respect confidentiality?

Dear Reader, 

In most cases, health care providers aren’t allowed to share information about their patients. This is called “patient-physician confidentiality” and is protected by laws like the Health Insurance Portability and Accountability Act (HIPAA) in the United States (US). When it comes to research, mental health professionals may recruit study participants in a variety of ways, but they’re still required to protect their patients’ privacy. That said, there may be some exceptions to confidentiality—mostly put in place to protect you and others! These rules can vary by state, so it might be helpful to talk to your mental health provider about confidentiality for more information specific to their practice and research efforts. 

What does confidentiality mean when it comes to receiving mental health support? 

Mental health professionals (including therapists, psychiatrists, counselors, and more) are subject to HIPAA privacy laws in the same way that other health care providers are. This means that in general, your mental health provider can’t share information about you without your permission. This can include things you say to them or notes they may take during your session. It also includes personal information or data they collect while working with you—like health records or contact information. If your provider wants to share your information with anyone, they generally need to ask for your consent. 

Can mental health providers use your information to conduct research? 

There are a few different ways mental health providers can conduct research—some of which might allow for more or less confidentiality than others. One way is by creating brand new studies based on patient participation. To include you in this kind of study, they need your informed consent. That means that you’re fully aware of the scope of the research, any possible benefits or downsides, and more. This also means that you have the right to decline involvement in the study if you decide that it’s not right for you.   

It’s also possible for mental health providers to contribute to research or teaching without creating new studies. For example, they could share things they’ve learned or experiences they’ve had with their patients. According to HIPAA, they’re free to do this as long as they de-identify the data. This involves removing any information that could make your identity apparent. This includes names, images, or phone numbers. If you don’t want your info used, even when de-identified, you can speak about this with your mental health professional.  

When can your mental health professional break confidentiality? 

In some cases, mental health professionals are allowed (or even required) to break confidentiality. These rules can vary according to different state laws. Some circumstances where mental health professionals may be required to disclose information may include:  

• A patient is under a criminal investigation or involved in state-mandated counseling.
• They believe you’re a threat to yourself or others.
• You share information about child or elder abuse.  

In some of these circumstances, they may also be required to inform relevant law enforcement bodies.  

How can you talk to your mental health professional about confidentiality? 

When you first choose a therapist, they will probably go over confidentiality before you begin the relationship. You can also ask them questions. For example, you might ask them about their research involvement or who they can reach out to in case of an emergency. 

If you have concerns about how your mental health professional will use your info, asking them directly is the best way to get the most accurate answer.  

Here’s to keeping your private info private!