Q: Can we disclose psychotherapy notes when there is a serious threat to health and safety?
HIPAA Weekly Advisor, January 23, 2006
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You can without authorization use or disclose psychotherapy notes to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. But you must disclose them to a person who is reasonably able to prevent or lessen the threat (e.g., the target of the threat).
For more information see Section 164.508(a) Authorizations for Uses and Disclosures and Section 164.512(j) Uses and Disclosures to Avert a Serious Threat to Health or Safety.
Editor's note: Attorneys from Bricker & Eckler, LLP, answered this question. This is not legal advice. Consult with your attorney for legal matters.
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