CAPS Confidentiality
The purpose of confidentiality in psychological counseling and psychotherapy is to encourage you to discuss all of the problems that you are experiencing in a candid manner — not to withhold information out of a concern that it might prove embarrassing or detrimental to you.
Safeguarding information shared by you in the context of the psychotherapist-patient relationship is an ethical and legal responsibility in the State of California.
Counseling and Psychological Services (CAPS) strictly protects the confidentiality of information shared during sessions. This section summarizes CAPS practices regarding safeguarding student confidentiality and sharing information. It is not intended as a summary of actual laws of the State of California.
- On this page:
Written Records
Brief information from your sessions is recorded in a CAPS file. This is separate and independent from your Vaden Health Center Medical Services record and can only be accessed by members of CAPS staff. If you are prescribed medication by a CAPS psychiatrist, a notation of the medication will be included in your Medical Services record. This notation is not copied or released when your medical records are sent elsewhere.
The CAPS record is kept for ten years, which is consistent with state law.
You have a right to know the contents of your file unless your therapists (or parents, if you're under 18) deem that viewing it would be harmful to your mental health.
Electronic Information
CAPS maintains an electronic scheduling system and client database with basic contact information, demographic information and list of presenting concerns and problems. CAPS maintains strict security measures to protect this information, including physical safeguards, encryption and password protection.
CAPS is aware that e-mail communication may not remain confidential. CAPS staff will only use e-mail with your permission and will limit communication to appointments or other administrative matters. CAPS therapists will not provide personal counseling through e-mail or other electronic means.
Limits of Confidentiality
There are exceptions to confidentiality of therapist-patient information set by California law:
- If you tell your therapist you were abused as a child, and you are under 18 years of age at the time you tell your therapist, the therapist must report the abuse to a Child Protective Services agency.
- If you are over 18 when you tell the therapist, but there is a child at risk by the same abuser, then the therapist may be required to make a report.
- If you tell your therapist about being sexually assaulted, the therapist is not required to make a report unless you are under 18 at the time you tell the therapist.
- If you tell your therapist about elder abuse, the therapist may be required to make a report.
- If you tell your therapist that you actually intend to cause imminent, life-threatening harm to yourself, the therapist is legally obligated to take whatever actions seem necessary to protect you from harm.
- If you tell your therapist that you actually intend to do imminent bodily harm to a specific person(s), the law calls for your therapist to inform the authorities, intended victim(s) and take additional action if necessary.
- If a court of law orders a counselor or therapist to release information, that person is bound by law to comply with such an order.
Professional Circumstances
There are several professions in which during the application you may be required to answer questions about your mental health.
For example during the application process for the California Bar Examination, you are required to answer yes or no to the following question:
Have you been diagnosed or treated for a medically recognized mental illness, disease or disorder (or for a chemical dependency) that would currently interfere with your ability to practice law?
If you have concerns about this, please discuss this with your therapist at the first session.
Release of Information
With the exceptions noted above, information about you (including your use of CAPS services) cannot be released to anyone outside of CAPS without your written permission.
If you decide to release information, you will be asked to sign a form authorizing its release. This form will specify what CAPS (or your counselor) can pass on, to whom and when. You may revoke your permission at any time by giving us written notice.
You Determine What Is Disclosed
If you decide that you want to authorize CAPS to disclose information contained in your record, you determine what information is disclosed. You can:
- Designate to whom the disclosure is to be made
- Specify the purpose or need
- Expressly limit what information you authorize released
- Revoke the authorization at any time
- Indicate when the authorization expires
Common Reasons for Disclosure
Here are common reasons to authorize CAPS to disclose information contained in the confidential record:
Services Being Charged to Your Insurance – Most insurance companies require your authorization for your therapist to provide them with a clinical diagnosis. Sometimes your therapist may need to provide additional clinical information, such as treatment plans or summaries.
Additional Testing or Treatment by Another Professional Outside CAPS – For example, for specialized psychological testing a CAPS therapist will need to either talk to someone or write a brief summary about what is hoped to be achieved by the testing.
To Support Academic Accommodations – You may want to authorize disclosure if you are requesting academic accommodations from the University due to psychological conditions. For example, you may request that your therapist provide certain information contained in your CAPS record to the Stanford Office of Accessible Education. This information typically includes an evaluation, specific diagnosis, historical information, diagnostic interview, and/or psychological assessment and a rationale for the requested accommodations.