Keeping psychotherapy notes separate from the patient record

Abstract Doctoral level psychologists ( N = 464) who were members of the American Psychological Association and who identified themselves as clinical practitioners were surveyed about their knowledge and utilization of the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule that allows practitioners to keep their psychotherapy notes separate from their patients' records if they involve electronic submissions. Although 79% of those surveyed said they were aware of the HIPAA privacy rule allowing for a separate set of notes, slightly less than half (46%) reported currently using such notes even though half (49%) felt that patients benefit most from the use of a separate set of psychotherapy notes. Surprisingly, 21% said they had never heard of the HIPAA provision allowing for a separate set of notes. Considering that when this provision was introduced it was heralded as a major benefit for mental health practitioners, its low utilization is surprising. Perhaps clinical practitioners would benefit from continuing education about the benefits of such notes. Copyright © 2009 John Wiley & Sons, Ltd. Key Practitioner Message: There can be some value to keeping psychotherapy notes apart from the patient's record. Seventy‐nine per cent of psychologists in the USA who were surveyed were aware that they could keep a separate set of notes. Less than half (46%) of those who were aware of this provision actually kept a second set of notes. When asked, half said the benefit of keeping such a set of notes was for their patients.