Chapter 17:

Confidentiality


“protect the confidentiality of the client’s identity in social conversations, all advertisements, and any and all other matters unless disclosure of identifiable information is requested by the client in writing, is medically necessary, or is required by law”

--NCBTMB Standards of Practice III (a)


“share pertinent information about the client with third parties when required by law.”

--NCBTMB Standards of Practice III (d)


“Sacrosanct” means “regarded as sacred and inviolable.” That is pretty much the way this ethic feels about revealing a client’s identity.


There may be a natural temptation to brag about the celebrity that was in the shop. But this ethic urges caution in social conversation. The rules are apparently differently in restaurants—Vanity Fair magazine frequently runs articles about restaurant owners or major-domos who name drop shamelessly. Therapists come from tougher stuff.


The ethic requires protection of the client’s identity in “all other manners.” This suggests that any log or paperwork the client signs upon entering should be so located that other clients or other non-employees cannot see the information. Likewise, credit card paperwork should be in a private area and not allowed to lay about.


Besides being unethical, using a client’s name in advertising may make the therapist liable in a law suit alleging violation of the right to publicity. In your ads, you can mention the name of one of your celebrity clients if the celebrity gives you permission to do so. Rap music duo OutKast recorded and distributed a song with the late Rosa Parks’ name as the title. Ms. Parks, a civil rights icon for refusing to move to the back of the bus in 1955 Montgomery, Alabama, alleged this violated her right to publicity and, among other things, interfered with a business relationship (she had licensed the use of her name four years previously to other musicians). The United States Supreme Court ruled the law suit should be allowed to proceed. In Idaho and Iowa, using a person’s name without permission in an e-mail advertisement may be a crime.


There are exceptions to these Standards. The client can consent to use of name in writing.


The name of the client may be released if medically necessary. Typically in the United States a person has no duty to come to the rescue of someone in trouble, even if that rescue could be affected with no risk to the rescuer. (Some jurisdictions may impose a duty to render aid.) The exception is if the would-be rescuer has somehow caused or contributed to the situation from which the person needs to be rescued.


If a client is involved at the clinic with an injury or other medical situation, the therapist may answer questions from medical professionals about the client without violating this Standard.


The final exception is that the client’s name must be revealed when required by law. Certain people in specified situations have a legal right not to disclose information. These include attorneys, the President of the United States, reporters, doctors, spouses, priests, and defendants avoiding self-incrimination. This legal right is called a privilege. Massage therapists are not on the list and must therefore reveal any information they have when legally required to do so.


To next chapter

Chapters