What Is Not Protected
There are certain situations in which disclosures made to my practice and me cannot be kept strictly private due to state law. These situations include:
If you indicate that you are in serious and immediate risk of harming yourself or someone else, I cannot maintain your privacy. The most typical situation is when the threat of suicide is such that I cannot be assured of your safety once you leave the session. It is important to note that this does not apply to talking about thoughts of harming yourself that you may be experiencing. However, in the event that you intend to act on your thoughts to kill or harm yourself, I am required to act to protect you, even if that involves breaching confidentiality. Life is more important than the right to privacy.
If you indicate that you are involved in the abuse of a minor child, an elderly adult, or a disabled person, I am required to file a report about these activities with the Office of Human Protective Services. Once I file the report, I am unable to safeguard the privacy of the information the Office of Human Protective Services has.
If you are involved in a court proceeding, the court may use the power of subpoena to gain access to information that you have shared with me. Although it is my policy to limit my involvement in legal proceedings as much as possible, under court order, I may be required, by law, to provide written or verbal testimony to the court.
If you indicate that you were sexually violated by another licensed mental health professional in Texas, I am required to report this information to the district attorney in the county in which the incident took place, as well as to the licensing board governing that person’s license. Please note: this does not apply to disclosure of sexual misconduct by anyone other than a licensed mental health professional in Texas from whom you were receiving treatment.
If you have a temporary psychosis or are incapacitated, I may share your information with your family, friends, or others involved in your care for coordination of care if I believe doing so is in your best interests.
If you submit your payment with a check or credit card that is not yours, you are giving permission to use the payment for the purpose stated. If your fees for services are being paid by a third party such as your health insurance company, third party payers often ask for treatment information (e.g., diagnosis, type and place of service rendered, dates of services, treatment plan) as part of their review of services. In general, the third-party payers have their own policies and procedures for safeguarding your privacy. However, once I release the information to the third party, I cannot control what the third party does with the information.
Be assured that your right to confidentiality is very important to me. It is a rare situation that would require me to breach confidentiality, and I will make every effort to use care and discretion while meeting my legal and ethical obligations.