Are counseling sessions confidential?

Asked by Anonymous
Answered
04/30/2021

In most situations, yes…counseling sessions are considered confidential and protected by federal law. However, there are some circumstances where confidentiality is not completely protected by law. We will take a look at all of these infrequent situations.

The first situation where the law does not cover counseling confidentiality is when a person seeking services threatens to harm themselves or someone else. These are exceedingly rare circumstances, but they do happen on occasion. Many people who come to counseling are feeling desperate or overwhelmed, so much so that sometimes they plan to kill themselves or even someone else. In such situations, a mental health provider needs to protect their client's safety or the person the client is planning to harm.

A mental health professional will not immediately call the police or emergency services if you say: I wish I were dead or I wish s/he were dead. That professional will ask you a lot more questions about that statement, though, to ascertain your current state of mind and whether this is a true threat or you are feeling emotionally overwhelmed by a certain situation or circumstance. Many people often have thoughts about wishing they were no longer alive but have no intention of carrying out a suicidal act.

If you have been experiencing any suicidal thoughts, reach out for help immediately. You can reach the National Suicide Prevention Lifeline at 1-800-273-8255, 24 hours a day, 7 days a week.

A second situation where confidentiality is not legally protected is when someone admits to harming a child or another vulnerable person during a counseling session. Many parents and caretakers of elderly or other vulnerable adults can become overly stressed or frustrated while providing these duties, along with the other responsibilities of their lives. Unfortunately, they can take their stress out on their kids or charges in an abusive manner. Mental health professionals want to ensure that everyone in these sad situations is safe and that the caretaker receives appropriate training and guidance. In these scenarios, a government social services agency will be contacted about the possible abuse.

Finally, if a judge issues a court order during a legal case, a client’s records can be obtained or a mental health professional compelled to break confidentiality. Also, if a client applies for a job that perhaps wants to know why they sought counseling, the client can waive their confidentiality rights, such as certain public trust positions or jobs requiring federal security clearances. Again, these situations and circumstances are very rare, but people need to know the limits of confidentiality in any counseling situation.

(LPC)