On June 24th, 2022 the historical Roe v. Wade law, that protected a woman’s access to safe abortions, was overturned. Now, more than ever, women (especially Black women and women of color) are facing many barriers to accessing reproductive healthcare. In addition to a restrictive abortion ban, many states have adoption “abortion bounty laws.” These laws state any individual associated or knowledgeable about an abortion can be legally and/or financially penalized. This leaves many women with dozens of questions left unanswered.
One of these questions relates back to privacy and confidentiality in therapy. In some states (not all) mental health professionals are professionally and ethically bound by a ‘Duty To Warn’ law. Through this law, you may be fined or imprisoned simply for talking about getting an abortion. There is a lot of information behind this. Let’s clear the air up around this question.
What Is a Therapist’s ‘Duty To Warn?’
‘Duty To Warn’ refers to a therapist’s obligation to report a client that is an immediate threat to themselves or another individual to authorities. In the 1970s this law was passed in order to keep individuals who may be in the line of danger, safe.
Duty To Warn became legal in California after the case of Tatiana Tarasoff and Prosenjit Poddar drew many concerns. Both students at the University of California, Poddar expressed his romantic feelings toward Tarasoff – who rejected his advances. After this occurrence, Poddar began to stalk Tatiana and eventually killed her. It was only later the news broke that Poddar’s therapist had alerted authorities of his consistent threats to kill Tasasoff. However because of patient privacy, neither Tatiana nor her family was notified of these threats.
How Does Duty To Warn Tie Into Roe v. Wade?
Since the Supreme Court recently decided to classify abortion as murder against another human being, does this mean a mental health professional is required by law to alert authorities if their client speaks of or receives an abortion? Though the Supreme Court rejected abortion as a constitutional right, states still have the authority to make the final determination on how it will be enforced in their state.
Under normal circumstances, anything other than an imminent threat or danger to another person is kept under wraps through the patient-client relationship. In an article written by the American Psychological Association, currently, no state has enacted mandatory reporting laws for mental health professionals whose clients are seeking an abortion.
While someday it may change, the main target of punishment seems to be abortion care providers or individuals that participate in getting an abortion. Some states do have abortion-reporting measures in place, however, they only apply to medical providers NOT mental health professionals. Furthermore, in case a mandatory reporting law was enacted, psychologists do not have one within their code of ethics. Psychologists are held only to their code of ethics.
What Questions Should I Ask My Therapist In Regards To Talking About Abortion?
If you’re currently in therapy or are thinking about starting therapy, you may want to bring this subject up right away. You’ll be able to assess whether or not your therapist is a good fit for you while knowing how to stay safe in unprecedented times.
Here are a few questions to ask your therapist when talking about reproductive rights:
- What is your duty to warn or report in terms of Roe v. Wade being overturned?
- What kinds of details about my sex life will you keep in your notes?
- What type of information will my insurance be able to access?
- How do you handle the subpoenas of notes? Does it vary based on who requests it?
- What is your perspective on the patient’s right to privacy in the context of Roe v. Wade being overturned?
Opinions about this ruling vary widely. Some states have made no changes to a woman’s reproductive care, while others have completely banned it altogether. While there is no mandatory requirement for reporting yet – a therapist that feels in favor of this ruling may still feel obligated to report the ‘imminent threat to a child’s life’ upon hearing a client may choose to seek an abortion. This is why these questions are extremely important to assess before starting or continuing care with your mental health provider.
Where Do We Go From Here?
Once you speak with your therapist about their duty to warn, you have a few options. After reflecting on their answers you can stay and continue your care with them but choose not to engage in conversations around sex and reproduction, or you could seek out care from a different therapist. The way you connect and bond with your therapist will greatly determine the outcome of your treatment. If you feel as though you don’t see eye to eye on such a massive issue, take note that it’s entirely okay to switch providers. Your mental health matters.
Resources:
- https://www.ncsl.org/research/health/mental-health-professionals-duty-to-warn.aspx
- https://www.apaservices.org/practice/business/hipaa/abortion-laws#report
- https://www.apa.org/ethics/code
- https://www.kff.org/racial-equity-and-health-policy/issue-brief/what-are-the-implications-of-the-overturning-of-roe-v-wade-for-racial-disparities/#:~:text=Variation%20in%20the%20availability%20of,access%20to%20coverage%20of%20abortions