Confidentiality and the EAP:  Is What I Say Private?

What does Confidentiality mean?  Confidentiality means that what you say in an EAP session is private.  Anything you say or write to an EAP counselor is "privileged communications" and may not be repeated by a counselor to anyone else without your permission.  The confidential relationship between a counselor and client is the cornerstone of building a helping relationship.

Can my spouse, family, friends, or children get information about me?  No.  Your EAP counselor may not release information to anyone without your permission.  Sometimes it is in your best interest to allow your counselor to speak to family or friends.  When you sign a release, you can give your counselor specific instructions about what information may and may not be discussed.

How is a Release of Information used?  With a signed release, you can let your counselor know how he or she may communicate with you between sessions.  For example, you may prefer us not to leave messages at work or home.  You may want your counselor to speak to your primary care physician or your behavioral health insurance provider to help you access benefits.  These are situations where you would be asked to sign a release.

What about parents and children?  Parents must consent to treatment of minors and have the right to access any information about treatment of their child.  The ability for a child to talk privately with an EAP counselor can be very important in the treatment process.  It is very important that you discuss the limits of confidentiality with your provider when your child is being seen individually.

What if I join a therapy group?  Group therapy can be a very powerful tool in the healing process, but absolute confidentiality cannot be guaranteed between group members.  If this issue arises it can often be effectively dealt with by a group facilitator within the group.

If I'm using my EAP, will my employer find out?  Not unless you tell them directly or sign a release authorizing your EAP to speak to someone.  Your EAP has no control over your confidentiality if you choose to self-disclose your involvement.  Your EAP is a company paid benefit, and statistical information is released on the percentages of employees or family members who have used the program. The information does not include names or other information that could possibly identify an individual.

What if my supervisor mentions the EAP to me?  Your supervisor is letting you know you have a benefit that may assist you if you are experiencing a problem.  If you use the EAP, it is your choice whether you tell your supervisor.  You may want to discuss with your counselor whether this is in your best interest.

What is a Formal Company Referral?  In some situations, your employer may require an employee to attend an EAP assessment.  This usually happens if the employee has violated a company safety policy or has ongoing or serious work performance problems.  In these situations, the EAP would assist the employee to address the work performance concerns, and complete a Release of Information to a specific company representative about agreed-upon information.  The EAP will not release information of a personal nature to the workplace without your written permission.

Are there any exceptions to confidentiality?  Yes.  There are several instances when by law confidentiality may not apply.  Counselors are required to report abuse of children or vulnerable elderly adults.  If your counselor deems it necessary for prevention of physical harm to yourself or someone else, confidentiality may need to be broken.  While a counselor does not release information without your permission, if your counselor receives a subpoena, she or he will release information upon a court order from a judge.

What about emergencies?  If your require emergency help, a counselor is allowed to reveal enough information to make sure you get the help you need.  For example, if you require emergency hospitalization, your counselor could reveal enough information to make sure you receive quality help during your crisis.