Confidentiality and Its Limits

Psychologists have strict ethical standards and guidelines that require them to keep the information you share private and confidential. A failure to do so can result in a complaint against the psychologist and potential disciplinary action. However, there are specific situations based on Nova Scotia law and professional ethics where a psychologist may be required or permitted to disclose your personal information without your expressed permission.

Situations Where Information May Be Disclosed

While this list is intended to be inclusive, it may not cover every unique legal situation. Provincial legislation and NSRP Standards always take precedence.

1. Child Protection: Under the Children and Family Services Act, psychologists must disclose information if they believe a child is at risk of harm.

2. Adult Protection: Under the Adult Protection Act, psychologists must disclose information if they believe an adult who cannot protect themselves is being abused (physically, sexually, emotionally, or financially).

3. Risk of Self-Harm or Harm to Others: * If a psychologist believes someone is threatening serious bodily harm to another, they may take protective actions, such as notifying the potential victim or the police. o If a psychologist believes someone is at risk of harming themselves, they may be obligated to seek medical treatment or contact family/authorities to provide protection. o Under the Personal Health Information Act (PHIA), information may be shared to avert or minimize a significant danger to the health or safety of any person.

4. Safe Driving: Under the Motor Vehicle Act, psychologists may report to the Registrar of Motor Vehicles if a mental or emotional disability may interfere with the safe operation of a vehicle.

5. Workers’ Compensation: Under the Workers’ Compensation Act, psychologists must provide requested information regarding a worker claiming compensation.

6. Child Pornography: Under the Child Pornography Reporting Act, any person who reasonably believes material is child pornography must report it a police department.

7. Court Orders: Psychologists may have to release a file if they receive a subpoena, notice to produce, or a court order.

8. Minors (Under Age 19): Information may be shared with parents or guardians unless a confidentiality agreement is in place or the child is determined to be a “mature minor” under the common law Mature Minor Doctrine.

9. Professional Misconduct: Under the Regulated Health Professions Act (RHPA), psychologists must report another health professional if they have grounds to believe that person has engaged in misconduct or is a danger to the public, even if this is learned during a confidential session.

10. Supervision: Psychologists-in-training or those receiving supervision may share clinical files with their supervisor to ensure appropriate care. Supervisors are also bound by confidentiality.

11. Circle of Care: If the psychologist is part of a treatment team, it is understood that relevant information will be shared among team members to provide the best care, unless you explicitly instruct otherwise.

12. Third Parties: If you have consented to allow a third party such as an insurer, employer, or legal representative to access your records, the psychologist will provide only the information you authorized.

12a. Third-Party Retaining Assessments: If a court, employer, or legal party has arranged for a psychological assessment, they are the primary client for that assessment. This means the psychologist’s report will be provided to the party that requested it. The psychologist is required to explain this to you before the assessment begins, including who will receive the report and what it will contain.

13. Collection Agencies: Minimally required information may be shared with a collection agency if there is an unresolved debt, after other attempts to resolve it have failed.

14. Complaints or Practice Reviews: If a psychologist is subject to an investigation or a practice review by the NSRP, relevant client files may be examined by an investigator or practice reviewer to ensure professional standards are being met.