At Any Age, It Does Matter:
Substance Abuse and Older Adults
(for Professionals)
The Context in Which Information Is Communicated
Understanding what medical information is protected requires professional providers to know whether State law recognizes the confidentiality of information in the many contexts in which the professional acquires it. State laws vary tremendously in this area. Some States protect only the information that a patient or client communicates to a professional in private, in the course of the medical or mental health consultation. Information disclosed to a clinician in the presence of a third party, such as a spouse, is not protected.
Some States, such as California, protect all information the patient or client tells the professional or that the professional gains during examination.2 California also protects other information acquired by the professional about the patient’s mental or physical condition, as well as the advice the professional gives the patient. The breadth of the protection may vary according to the clinician’s profession. When California courts are called upon to decide whether a particular communication of information is privileged, State law requires them to presume that it is.
California affords great protection to communications between patients and psychotherapists, a term that covers a wide range of professions. Not only are communications by and to the patient protected, but also information communicated by a patient’s intimate family members to therapists and psychiatric personnel.2 California also protects information the patient discloses in the presence of a third party or in a group setting.
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Last Updated: 07-03-2002
SAMHSA is an Agency of the U.S. Department of Health & Human Services
