My Psychologist Takes Notes. Am I Entitled To My File If I Decide To Pull Out Of Therapy?
Question: My psychologist takes notes. Am I entitled to my file if I decide to pull out of therapy?
Answer (1) You are entitled to see your file under freedom of information.
Answer provided by Doreen Westley, Psychologist
Answer (2) I'm not sure about your legal rights concerning this but why would you want to obtain notes taken for reference purposes. Notes that enable your psychologist to better remember the content of your sessions. Sounds like there is a problem here with trust. Are you suspicious of what he or she is writing, or are you worried about the confidentiality of perhaps sensitive material. Maybe this is why you are playing with the idea of pulling out. Instead of doing just that, I would suggest you stick in there and talk over your concerns with your therapist and see if you can resolve this anxiety. A lack of basic trust is at the seat of many interpersonal problems.
Answer provided by David White, Psychotherapist
Answer (3) As I understand it your file and all notes remain the property of your therapist but a client is entitled to read their file, whether they leave therapy or not.
Answer provided by Fiona Halse, Psychotherapist
Answer (4) As David mentioned, the notes were written by your psychologist to assist in remembering details that may assist them in the course of working with you. Therefore, they belong to the psychologist. Technically, your psychologist does not have to produce the notes immediately following your request - he or she has a period of time before allowing you to view the notes. If you disagree with anything written, your psychologist is not required to change the notes, however an entry can be added advising that you have a different perspective than what is written. The trust issue is an interesting point. It could be an issue of trust, but it could also be an issue of curiosity. I sometimes wonder what my GP is writing in my notes and I trust him completely.
Answer provided by Graham Cox, Psychologist
Answer (5) You are entitled to cease therapy at any time. The physical notes are owned by the therapist or agency and are required to be held for a set number of years for legal purposes. In Victoria, the therapist would ethically and legally be obligated to withhold any information in the notes which might breach the confidentiality of others or endanger them, and any information which might contribute to self-harm. Such unusual considerations aside, you are legally entitled to view session notes and pay reasonable costs for photocopying. If your therapist refused to comply, you should ask to speak to a superior if this applies, or contact the therapist's professional association or registration body.
Answer provided by John Hunter, Counsellor
