Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Client Confidentiality topic
No spam. Unsubscribe anytime.
Committee refers confidentiality and marginalized-communities bulletins to full board after members request legal clarifications
Summary
The committee recommended referring two informational bulletins—one on protecting therapy records and one on working with marginalized communities—to the full board after members and stakeholders requested clearer citations, hyperlinks to statutes (for example Civil Code section 56.10), and additional guidance on subpoenas and provider-specific ethics rules.
The Outreach and Education Committee reviewed two informational bulletins April 16: one on protecting client confidentiality and one on considerations for working with marginalized and vulnerable communities. Staff said the bulletins are intended to provide practical considerations and links to statutes, ethical codes and HIPAA guidance rather than definitive legal advice.
During discussion, multiple commenters urged clearer legal references and stronger practical guidance. Ben Caldwell noted that Civil Code section 56.10 enumerates many scenarios when confidentiality can be lawfully disclosed and urged the bulletin to capture those exceptions. Dr. Lisa Winger, an LPCC, asked for more clarity about different kinds of subpoenas and said, “We are not lawyers and we need all the help we can get,” arguing clinicians need accessible, actionable guidance when served with legal requests.
Committee members recommended adding statute and code citations, hyperlinks to source materials, and an explicit reminder in the bulletin that clinicians should consult counsel when unsure. Susan Freriedman moved that the items be brought to the full board for further consideration; the motion was seconded and carried with recorded ‘yes’ votes from Dr. Nicholas Boyd, Susan Freriedman and Dr. Annette Walker. Staff said they will edit the drafts, add code citations and return the revised bulletins at a later board meeting (likely August).
