Suzanne Friedman, PhD (202) 686-1155 x3

What are the laws for privacy and confidentiality in psychology?

Confidentiality is essential for you to feel comfortable talking about your private information, and laws exist to protect your privacy and psychologists are ethically bound to protect your privacy.

The Health Insurance Portability and Accountability Act (HIPAA) includes a privacy rule to protect individuals’ medical records and personal health information.  You will receive a copy of the HIPAA rules before your first session.

You will receive additional written information at the first session explaining privacy policies, your right to confidentiality, and ways in which your personal information will be handled. 

In almost all cases, the psychologist requires your written consent in order to share any information with another individual.  And in the consent you may be specific as to what information you would and would not like the psychologist to share.

Are there exceptions to rules around privacy and confidentiality in the practice of psychology?

There are three specific situations in which a psychologist may share information without the client’s written consent.

Psychologists may disclose information without client consent if a client discusses plans to attempt suicide or to harm another person.  This “duty to warn” is a law that applies to all psychologists with the goal to protect the client or public from serious harm.

Psychologists are required to report ongoing sexual, physical, or emotional abuse, or neglect of children, the elderly, or individuals with disabilities.

Psychologists might release information without client consent if they receive a court order to do so.

Will my parents have access to my records if I’m still under my parents’ insurance?

Because insurance companies typically send a statement to their members that provides explanation of services used and covered, you parents may receive notification that describes the services you used.  However, they will not have access to your records or anything that you discussed during your sessions. 

If your parent contacts the psychologist, the psychologist is not permitted to discussed anything about your treatment without your signed consent.

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Last updated: June 03, 2016

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