19.5 Confidentiality

• Jurisdiction: Arizona

19.5 Confidentiality. All mental health professionals are required by law and their ethics codes to keep confidential all communications with their clients.²¹ Violation of the duty of confidentiality may result in fines and limitations on the professional’s license. Disclosure of confidential information by a mental health professional may also serve as the basis for a malpractice claim.²² In Barnes v. Outlaw, the court approvingly cited case law outside Arizona that includes a variety of mental health professionals.²³ The duty of confidentiality also applies to persons who are not licensed but hold themselves out to be a practitioner in the mental health field.²⁴

The duty of confidentiality rests on a provider-client relationship...