Confidentiality, Privileged Communication, and Mandatory Reporting
Confidentiality and privilege are different
Confidentiality is the counselor's ethical and legal duty not to disclose client information; privilege is the client's evidentiary right to prevent testimony. Oklahoma's psychotherapist-patient privilege (12 O.S. § 2503) covers licensed professional counselors. The client or guardian holds the privilege and may waive it; the counselor asserts it on the client's behalf unless waived or an exception applies.
Exceptions to know: client consent, a valid court order (a subpoena alone is not a court order - verify it and notify the client), statutory reporting, imminent danger to self or others, and guardianship rules for minors. HIPAA adds federal privacy requirements; where state law is more protective, follow state law.
Mandatory reporting
Oklahoma requires any person, including counselors, who has reason to believe a child under 18 is abused or neglected to report promptly to the Department of Human Services. The standard is reasonable suspicion, not proof, and you do not investigate first. Comparable duties apply to abuse, neglect, or exploitation of vulnerable adults. Traps: telling a supervisor, agency director, or the family does not satisfy the statutory duty - you personally must report to the designated agency. Never promise absolute confidentiality; explain limits at intake and when circumstances change.
Rule of thumb
Reveal the minimum necessary to satisfy the legal duty, then document what you disclosed, to whom, when, and why. If served with a subpoena for records, do not mail records; confirm validity and notify the client so the privilege can be asserted.