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Is it illegal for a therapist to break confidentiality?
What does ‘confidentiality’ mean? If something’s confidential, it means that it’s private and the person you talked to about it won’t share it with anyone. Mental health professionals are prohibited by law from sharing your confidential information with anyone else.
What is the penalty for breaking a confidentiality agreement?
If you sign an NDA, there are severe financial penalties for breaking it, says Mullin. “The costs range from $25,000 to $100,000 or even $750,000 per breach,” meaning per individual time you divulged confidential information to someone else.
What happens if a therapist breaks confidentiality with a client?
He will still have a felony on his record, however. When a therapist breaks a client’s confidentiality, it almost never ends in an arrest. It sometimes ends with the client getting angry with the therapist for violating his/her trust. It often ends with the client in a hospital against his/her will for a few days.
When do you have to breach confidentiality in counseling?
In some cases, due to forces outside your and your client’s control, your client can’t expect you to keep their disclosures private. Certain exceptions to confidentiality in counseling are at your discretion. In other cases, you are obligated to breach confidentiality in the name of public safety or your client’s health.
Is it legal to breach confidentiality when a client dies?
Nonetheless, there is often wider legal leeway to breach confidentiality for deceased clients, so be aware. A large degree of discretion sits with the individual counselor regarding when to breach confidentiality. Notably, many depressed clients may express suicidal thoughts. Likewise, many clients with anger issues may express violent thoughts.
Should you break confidentiality if it’s not required by law?
If you’re in a situation where breaking confidentiality is allowed but not required by law (also sometimes called a “permissive,” rather than “mandatory,” disclosure standard) you should check your professional organization’s code of ethics for additional guidance.