Subpoenas and How to Handle Them: Ethical and Legal Considerations

Sooner or later in their careers, most psychotherapists and counselors are likely to receive a subpoena demanding that they send the records of a client to an attorney or the court. When receiving the subpoena, therapists often react with dread and respond with a fight-or-flight response. This means they either ignore the subpoena or immediately send the requested records. Either response may be illegal, unethical, counter clinical and ill advised.

This intermediate level course explains what subpoenas are, who may initiate them, and most importantly, how to respond to them. It will give therapists guidelines on how to respond to subpoenas.

This course includes one audio with a transcript. The audio covers the following areas: What is a subpoena? Who may initiate subpoenas? The importance of clients’ authorizations to release information; therapists’ option of filing a motion to quash a subpoena; HIPAA and subpoenas and the confusion regarding the disclosure of psychotherapy notes; the highly volatile issue of subpoena of test records, test data, protocols and test kits; the USA Patriot Act and subpoenas; Jaffee v Redmond and concerns with confidentiality and disclosures; codes of ethics on confidentiality and disclosures; states’ laws on subpoenas; and finally, guidelines on how to respond to a subpoena.