For most situations, yes. Yet there are definitely some situations that are a “but….”.
- If the client is under age 18, then legal guardians have the right to Treatment Information.
- If you use your health insurance: then your insurance provider has the right to some of your information to “justify” treatment and payment.
- If you are involved in a lawsuit and the therapist is court ordered to testify.
- If you involve the therapist with a lawsuit, malpractice claim, or licensure complaint.
And Last but Not Least—
- Mandatory Reporting: The therapist is a mandatory reporter and required to report (at all times) the following things. First: if the therapist suspects that the client is actively suicidal or homocidal. Second: if the therapist suspects or has knowledge that a (child, disabled, or elderly) individual is being actively abused, neglected, or is unsafe. I will address this further below in “Updated Content.”
- The Duty to Warn: The therapist is required with the duty to warn. This means if a therapist has valid concerns that the client will harm themself or someone else, then the therapist is required to report this information.
Updated Content- “How do I talk about my abuse if you are a mandatory reporter?” Great question, and thank you for asking. MR laws can make this a little sticky when you want to process trauma but not report the perpetrator. As an adult, you have the right to not press charges on someone that has harmed you. You also have the right to refuse to identify who your abuser was. Last, Mandatory Reporters are not required to report a perpetrator if the victim is an adult and able to make this choice.
Angie Simonton, LCSW
Updated 07/19, 06/18