What psychologists need to know about substance use confidentiality

Psychologists frequently encounter clients with substance use disorders (SUDs) even if they do not treat these disorders. Unfortunately, the laws governing the confidentiality of substance use information are complex, nuanced, and diverse. Violating these laws can result in substantial civil and cri...

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Bibliographic Details
Published in:Professional psychology, research and practice research and practice, 2024-08
Main Authors: Wise, Richard A., Heinrich, Denitsa R. Mavrova, Miller, Joseph C.
Format: Article
Language:English
Subjects:
Drug Usage
Human
Laws
Privacy
Privileged Communication
Professional Ethics
Psychologists
Substance Use Disorder
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Summary:Psychologists frequently encounter clients with substance use disorders (SUDs) even if they do not treat these disorders. Unfortunately, the laws governing the confidentiality of substance use information are complex, nuanced, and diverse. Violating these laws can result in substantial civil and criminal penalties, ethics violations, and, most importantly, irreparable harm to clients. This article discusses 42 Code of Federal Regulations Part 2, the Health Insurance Portability and Accountability Act, and the Information Blocking Rule. It also describes a method for determining which law applies to SUD confidentiality and provides examples of applying this method to questions about SUD confidentiality. In addition, the article discusses how psychologists can improve their knowledge and understanding of these laws, so that psychologists can better protect both their clients and themselves. Last, the article addresses how the American Psychological Association and other health care organizations can help psychologists and other health care providers understand and cope with the complex and confusing laws governing the confidentiality of substance use information. (PsycInfo Database Record (c) 2024 APA, all rights reserved) (Source: journal abstract)
ISSN:0735-7028
1939-1323
DOI:10.1037/pro0000580