For Immediate Release
Contact: Dottie Jeffries, American Psychoanalytic Association, phone: 212-752-0450, ext. 29
Washington, D.C. – On the anniversary of the Supreme Court’s Jaffee v. Redmond decision recognizing the confidentiality of patient/therapist communications, confidentiality rights are being challenged by pending health information technology legislation (HR.4157/S.1418).
A briefing on Capitol Hill at 8:30 a.m. on June 15 in U.S. Capitol Room HC-6, sponsored by the American Psychoanalytic Association and the National Association of Social Workers, will review the importance of the Jaffee decision, assessing current state and federal roles in the protection of patient privacy and exploring how the proposed health IT legislation would change privacy protections for mental health records.
Jaffee (1996) recognized the right for federal litigants who were being treated by licensed social workers to keep their private psychotherapy records out of the courtroom, not allowing federal judges to review these records or to accept them into evidence.
For social workers, this landmark ruling recognized the expertise and professionalism of clinical social workers who provide psychotherapy in today’s mental health treatment settings. For mental health clients, the case bolsters the wall of protection around the communications within the therapeutic relationship, while still affording them the right to waive the privilege.
This important decision has afforded key principles for recognition of the benefits of psychotherapy by the federal courts, including:
Psychotherapist/client communications are important to society because they promote mental health.
An assurance of confidentiality is necessary to encourage confidential communications.
It is in the public interest to ensure confidentiality of psychotherapist/client communications by providing a legally protected privilege from disclosure.
Mental health clinicians, including social workers, have an obligation to protect confidential client information, using the legal process if necessary.
Clinical social workers are recognized as licensed professionals with the authority to diagnose and treat mental disorders.
Speakers at the Hill briefing will include Karen Beyer, MSW, the social worker who protected her client’s records in Jaffee v. Redmond, and three psychiatrists who are also psychotherapists. Invited members of Congress include Senators Barbara Mikulski and Debbie Stabenow and Representatives Nancy Johnson, Patrick Kennedy, Edward Markey and Timothy Murphy.
The American Psychoanalytic Association (APsaA) is a professional organization of psychoanalysts throughout the United States and is comprised of approximately 3,500 members. The Scientific Meetings of the American Psychoanalytic Association are intended for the continuing education of the members and other registrants. Visit www.apsa.org for more information.
The National Association of Social Workers (NASW), in Washington, D.C., is the largest membership organization of professional social workers with 150,000 members. It promotes, develops, and protects the practice of social work and social workers. NASW also seeks to enhance the well-being of individuals, families, and communities through its advocacy.
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