CONFIDENTIALITY OF PSYCHIATRIC CONSULTATION

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Introduction

One question that often bothers people whenever they are going for psychiatric consultation, especially if it’s their first time visiting any psychiatrists or mental health professionals is confidentiality of the consultation. They ask varied questions like ‘Will my family members know about this?’ ‘What if my employers or colleagues find out?’ ‘Will my spouse get to know about this?’ and so on.

These are genuine concerns and should be addressed by the mental health professionals at the outset emphasizing on confidential nature of psychiatric consultation and its different aspects.



Mental Health Care Act, 2017

One must be first aware that mental health in India is governed by the Mental health Care Act (MHCA), 2017 which came into force on 29th May, 2018, repealing the older Mental Health Act (MHA), 1987. The changes and amendments were made in line with United Nations Conventions on Rights of Persons with Disabilities, 2006 which India ratified in 2007.

In MHCA, 2017, a lot of emphasis is placed on protecting and upholding the rights of persons with mental illness.

Right to Confidentiality

The Right to Confidentiality has been covered under Section 23, Chapter V of the MHCA, 2017.

It explicitly states that —

(1) A person with mental illness shall have the right to confidentiality in respect of his mental health, mental healthcare, treatment and physical healthcare.

(2) All health professionals providing care or treatment to a person with mental illness shall have a duty to keep all such information confidential which has been obtained during care or treatment.

The Section 24, Restriction on release of information in respect of mental illness, mentions that no photograph or information relating to persons with mental illness shall be released to media without their consent. The Right to Confidentiality also includes the domains of digital or electronic media and virtual space.

As you can see, Right to Confidentiality is not just part of professional conduct but has extensive legal and ethical backgrounds and hence a foremost important aspect of mental health care.


Exceptions

However, certain exceptions have also been provided where release of information is deemed necessary. There are:

  • 1.       Release of information to the nominated representative who will care for the persons with mental illness as per MHCA, 2017,
  • 2.       To other mental health professionals and health professionals who provide treatment to persons with mental illnesses,
  • 3.       To protect any other person from harm or violence, and release only the necessary information,
  • 4.       To prevent threat to life,
  • 5.       By order of concerned Board or Central Authority or High Court or Supreme Court or any competent authority,
  • 6.       In matters of public safety and security.

Conclusion

It is the duty of mental health professionals to maintain patient confidentiality not just as part of professional conduct but also in purview of the extensive legal and ethical backgrounds on which confidentiality has been ascertained a right for the person with mental illness. 

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