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These folks are concerned that others will find out about their addiction, causing them embarrassment and shame. They may also fear legal prosecution as well. As a result, many people with substance abuse forego treatment.

Confidentiality Must Be Assured

Getting help is a difficult choice for anyone with substance abuse issues, and there are concerns enough without worrying that confidentiality will be compromised. For this reason, it is critical that drug treatment centers clearly communicate to their patients that privacy will be assured throughout their therapy.

Patient Privacy

The Health Insurance Portability and Accountability Act of 1996 Privacy Rule (HIPAA) ensures the privacy of a patient's health information. Drug treatment centers can only release information about a patient's treatment if the patient signs a written authorization form that meets specific legal requirements.

When Privacy Rights Could Be Revoked

However, people who abuse illegal drugs have few rights and are not protected under federal or state statutes against discrimination or prosecution. In this instance, a drug treatment center is not required to keep information confidential. The American Counseling Associations' Code of Ethics states:

The general requirements that counselors keep information confidential does not apply when disclosure is required to protect clients or identified others from serious and foreseeable harm or when legal requirements demand that confidential information must be revealed. (ACA Code of Ethics, B.2.a Dander and Legal Requirements)

The Good News

However those who have received counseling at a drug treatment center, and who have abstained from the use of illegal drugs, are protected from discriminatory practices by a number of federal and state initiatives,including The Americans with Disabilities Act, The Rehabilitation Act of 1973, The Fair Housing Act and the Workforce Investment Act.

After achieving sobriety and abstinence through counseling at the drug treatment center, a patient's history of abuse can never be used against him on the job, for housing or for access to public or private programs.

It is essential that drug treatment centers inform prospective patients of these statutes and ethics codes, and that if they are using illegal substances they are not only putting their health at risk, but their legal rights in jeopardy. If patients seek help from the drug treatment center and abstain from using illegal substances, their rights to privacy will be enforced and their health, along with their overall quality of life, will be substantially improved.

The copyright of the article Substance Abuse Therapy and Confidentiality in Patient Health Education is owned by Jacqueline Trovato. Permission to republish Substance Abuse Therapy and Confidentiality in print or online must be granted by the author in writing.