Family Therapy with Substance Abusers: Legal Considerations Regarding Confidentiality*

Abstract

This paper explores various problems in the area of confidentiality often confronted by family therapists working with substance abusers. The scope and intent of the Federal Regulations controlling the release of all alcohol and drug abuse patient records and information are examined. Also, the rules regarding the release of confidential information by family therapists to attorneys, other family members and third‐party funding sources are explained. Suggestions regarding the release of information in questionable cases are made. Finally, the growing use of family therapy in treating substance abusers, and its impact on confidentiality law and policy, is noted.

Coursework and Self‐study in the Family Treatment of Alcohol and Drug Abuse: Expanding Heath and Atkinson's Curriculum

“…These are areas that might not require much coverage, depending on an instructor's priorities, but at the very least deserve a nod. They are: (a) issues of shame that families with an addicted member experience (Fossum & Mason, 1986); (b) a revealing account by Schwartzman and Bokos (1979) of inter-agency struggles among addiction programs in a large metropolitan area and how these competitive patterns recreate family conflicts; and (c) issues of confidentiality when dealing with families of substance abusers (Rinella & Goldstein, 1980).…”

Confidential communications of psychotherapists.

“…3 For a critique of the federal confidentiality statutes, see Weissman & Burns (1976). See also Rinella & Goldstein (1980).…”