In therapy, there is psychotherapist-patient privilege, meaning communications between a client and therapist are generally confidential and protected from disclosure.
Limits of Confidentiality
A therapist may be required or permitted to break confidentiality in the following situations:
1. Suspected Child Abuse, Abandonment, or Neglect
Florida mental health professionals are mandated reporters. If a therapist knows or has reasonable cause to suspect child abuse, abandonment, neglect, or sexual abuse of a child, they must make a report to the Florida Abuse Hotline. Proof is not required; reasonable suspicion is enough.
2. Threats of Serious Harm to Others (Duty to Warn/Protect)
If a client makes a credible threat of serious violence toward an identifiable person, Florida law allows and, in some circumstances, requires mental health professionals to take protective action, such as notifying law enforcement or warning a potential victim.
3. Risk of Serious Self-Harm
When a client presents an imminent risk of suicide or serious self-harm, therapists may disclose information necessary to protect the client's safety, including contacting emergency services, a hospital, or emergency contacts. This is generally considered an exception to confidentiality based on safety concerns.
4. Abuse, Neglect, or Exploitation of Vulnerable Adults
Therapists may be required to report suspected abuse, neglect, or exploitation of vulnerable adults or elders when mandated by Florida law.
5. Court Orders or Legal Proceedings
A judge may order the release of records or testimony under certain circumstances. While therapists generally assert privilege on behalf of clients, a court order can sometimes override confidentiality protections.
6. Coordination of Care and Insurance
Limited information may be shared:
With other treatment providers involved in care
For billing and insurance purposes
When the client signs a written Release of Information (ROI)
These disclosures are governed by HIPAA and Florida confidentiality laws.