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this post was submitted on 02 May 2025
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No Stupid Questions
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I think it's impossible to have truly private conversations not just with therapists but with any kind of legally mandated reporter. at the end of the day, they'll always choose self preservation over losing their career just because the state is trying to disappear one of their patients. they can either hand your medical file over or lose their licence.
I'm sure a very small minority are willing to risk their licence by falsifying records (see partisan therapists during the Holocaust), but most of them aren't brave enough.
It is legally impossible to have a truly private conversation with a therapist, any therapist should explain this to you. The only relationships where records cannot be subpoenaed are conversations with a lawyer and confessionals with clergy. This is bullshit but it is where the law stands
Any therapist who practices ethically should make this very clear to you prior to engaging in treatment
Any therapist who has their records subpoenaed should question the subpoena and only release records if absolutely and truly necessary.
We have not really had situations where a therapists records are being subpoenaed to justify disappearing an individual and the therapist simply acquiesces in the modern context. If so, I’d love for you to point me to a case where such a thing happens. 95% of subpoenas for therapist records are for custody battles, divorce proceedings, and disability claims. The remainder (which is probably a smaller number) is generally related to criminal cases where a defendants competence is trying to be determined. In these cases the records are often being subpoenaed by the defense to establish a lack of competency.
I will openly concede we appear to be heading towards times that may very well test the moral code of the therapist community in regards to this issue. To further complicate things unlike during WW2 there are now many paths to circumvent a clinicians resistance. If I for example flat out refuse to release a transgender clients records, or alter them, the government will likely go after the vendor of the software I have used to store my records for the past 6 years. I am all but sure they will acquiesce. The overwhelming majority of clinicians are in the same position as me. Many are not independent and don’t even have autonomy over their records; a subpoena may come and they never see it. The agency simply releases them because it is run by executives that do not want to interrupt revenues. It is a scary time