If I told you about me, would you... Psychotherapy and Confidentiality

At the very heart of a Marriage and Family Therapist or psychotherapist-client relationship is trust. After all, the client is expected to discuss with the psychotherapist his innermost thoughts and feelings regarding himself and his views of others.  Without this sense of trust that the psychotherapist will keep the client's confidence, psychotherapy will not nor can it progress.

Holding the client's confidentiality is a responsibility that Marriage and Family Therapists and psychotherapists take very seriously.  And, there are regulations and laws that safeguard the client's right to privacy.

HIPAA, Psychotherapy and You

The practice of psychotherapy and patient's confidentiality is covered under the HIPAA regulation.  In 1996, the United States Department of Health and Human services issued a guideline delineating the use and disclosure of individuals’ health information.  This guideline, called the "Health Insurance Portability and Accountability Act of 1996" or "HIPAA," was designed to safeguard patients/clients' privacy -- the "protected health information" (PHI).  Among the protected health information are:

Holding the client's confidentiality is a responsibility that Marriage and Family Therapists and psychotherapists take very seriously.  And, there are regulations and laws that safeguard the client's right to privacy.

• information about the client/patient's physical or mental health including past, present or future diagnosis and/or prognosis;
• services rendered or being provided to the client/patient; and
• payment information.

California Law Addressing the Client's Right to Confidentiality

In addition to the HIPAA Regulation, California ensures the client's right to confidentiality under the California Business and Professions Code § 4982.  It states:

B&P section 4982 is further strengthened by Evidence Code Div. 8, Art. 4, Ch. 7, "Psychotherapist-Patient Privilege" under section 1014 wherein it states:

Next, we'll discuss the limitations to client's confidentiality.

Franco E. Santos, M.A. is a Marriage and Family Therapist Intern (Reg. #IMF 61114) with a Master of Arts degree in Psychology.  For more information, Franco E. Santos can be reached by e-mail.