Can my advisor legally access my therapy records?

Hey all, I’m a grad student and my advisor (Ms. L) tried to get my therapy records by contacting my therapist (Ms. S) without my permission. She lied to my therapist, saying that I trust her and that I wanted to share my info. I do NOT trust my advisor, and she has no consent from me. Is this a violation of FERPA or HIPAA? Any advice?

I think FERPA only protects educational stuff, not medical records. What your advisor did seems wrong, though.

Yeah, therapy records would fall under HIPAA or something similar, not FERPA. You should probably check with your therapist.

Exactly. If your therapist gave out info without your consent, then HIPAA would be in play. Your advisor isn’t covered by that.

Doesn’t HIPAA only apply to medical professionals? So your therapist can’t share without consent, but your advisor isn’t bound by it, right?

That’s what I’m trying to figure out… seems like my advisor can’t get in trouble for asking, but my therapist could for sharing?

Yeah, your therapist is the one bound by HIPAA, not your advisor. Still, what your advisor did is super shady.

You should definitely report your advisor to someone higher up, even if it’s not illegal, it’s really inappropriate.

I’m thinking about it. Just not sure if the school will care since it’s not a clear legal violation.

Even if it’s not illegal, schools usually take stuff like this seriously. It’s worth reporting.

I’d make sure to contact your therapist and tell them not to release anything without your written consent. Also, file a formal complaint with the department.

Yeah, I’ll definitely reach out to my therapist. I’ll also look into filing a complaint with the school. This whole situation is super stressful.

That’s seriously overstepping by your advisor. I’d file a complaint with the dean or maybe even an ombudsman.

Good idea. I think I’ll have to. This is really getting to me.