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.
In addition to the HIPAA Regulation, California ensures the client's right to confidentiality under the California Business and Professions Code § 4982. It states:
"The board may deny a license or registration or may suspend or revoke the license or registration of a licensee or registrant if he or she has been guilty of...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:
(m) Failure to maintain confidentiality, except as otherwise required or permitted by law, of all information that has been received from a client in confidence during the course of treatment and all information about the client that is obtained from tests or other means."
"Subject to Section 912 and except as otherwise provided in this article, the patient, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and psychotherapist if the privilege is claimed by:Next, we'll discuss the limitations to client's confidentiality.
(a) The holder of the privilege.
(b) A person who is authorized to claim the privilege by the holder of the privilege."
Franco E. Santos, M.A. is a Marriage and Family Therapist Intern (Reg. #IMF 61114) with a Master of Arts degree in Psychology. Franco E. Santos, M.A. practices in Tarzana, California under the supervision of Jo Anne Kaplan, Ph.D. Franco provides individual, couples, family and group psychotherapy. For more information, Franco E. Santos can be reached by e-mail or by telephone at 818-748-5654. 
