[KrazeeBPDChick]

I have been seeing a PhD for five and a half months. Most of our therapy sessions have been via phone. I was busy last semester with my psychology thesis therefore we agreed do phone sessions.

Last week he terminated therapy saying, "I don't think I can help you." I wondered what changed his mind. Well, I found out that he was told I filed an APA complaint against a previous therapist for inappropriate relations. So, he saw me as a liability, imo….

After he told me he was terminating, I asked for a copy of my records. I as sent via certified mail these so-called records. Each and every page is dated with simply a 3-5 sentence quote I said that session via phone. To begin, the quotes are completely accurate. My point here is that his records are incomplete. This is a violation per APA standards which defines incomplete records as "Psychologists create, and to the extent the records are under their control, maintain, disseminate, store, retain, and dispose of records and data relating to their professional and scientific work.

Moreover, yesterday I discovered he taped our session. He called me for our scheduled appointment at 3:30. About 40 minutes later, I heard a beeping noise. Subsequently, it was a digital 'voice' of an answering machine which indicated that "you have exceeded the maximum recording limit." I was in shock and asked, "Are you recording me?" Nonchalantly he replied, yes." I was shocked and immediately disconnected the call.

Per APA Standard: 4.03 Recording
Before recording the voices or images of individuals to whom they provide services, psychologists obtain permission from all such persons or their legal representatives.

I later left him a message informing him he was in violation of the above-mentioned standards an interesting note: the incomplete records which after informing him then records were incomplete and he was in violation of standard XYX he claimed that he has other records that were sent by "mistake." The records I was mailed by him simply contained 5 and half months of 3-5 sentences of word-for word quotes minus any input or treatment plan by him. There is absolutely no record of suicidal ideation, him speaking to my Pdoc, no assessment of me other than an insurance form which was mandatory to fill out. These, are not *complete* records which is what I requested in writing. Moreover, you can visually see that he has used an old typewriter to modify some of the emails. It is very obvious the records have been tampered with. Thus, not only are they incomplete but they have also been changed.

I know that I have limited recourse. I could file an APA complaint which would turn into a year long process. That is, he would be interviewed, I would be interviewed, the records would be examined, etc. Also, there is an interview with six other psychologists’. Since this PhD practices in the suburbs, has been a PhD in the area for over 40+ years - these APA hearing members who review the case are colleagues of this PhD. Because I am in the state capitol, this is where hearing for New York State are handled. Therefore, asking for a change in the APA panel i.e., the six psychologists, is not even an option.

Today (1/10) we had another phone session. This time I taped him. I am sure he was aware or at least suspected it. He claims in New York one party can tape another party as long as one party (him) is aware that taping is occurring. This is accurate BUT NOT in the context of a therapy relationship. The taping w/out consent is a general NYS law. However, it never ever speaks to health professionals taping patients. I pointed this out and he said "OH I'll check with the APA." I told him I already did. Furthermore, I told him he broke one of their (privacy/consent) major standards.

Also, it is apparent he kept two sets of records. Since they all contain quotes, therapy was done via phone, etc. I am thinking (I'm not paranoid) that not only did he keep two sets of records but he also taped me during every session (all by phone).

Any suggestions and/or thoughts about the taping and records? or where to go from here? Does it make sense that I feel violated?

[radio_flyer]

My first thought is be glad he was honest enough to say he couldn't help you, rather than string you along. And hear say isn't proof that he learned of your previous complaint filed against a previous therapist. Even if he thought of you as an liability, and protecting himself, it is his choice to terminate. I see nothing wrong with that.

As far as his "shaby" records on you, I guess you have the right to complain. I really don't know how much info the T is required to keep per session with their clients. But I do know the T I saw for many years did not have a complete file on me. I only wish I knew at the time when I quit therapy that I could have requested a copy of the files. I think I read some where after five years the T can destroy your records. So I am pretty sure I've been "deleted" from ever being his client. I have also since learned that he is charging $1 per page to copy, should anyone request past records.

With his recording your session, I am thinking he is really trying to "cover" himself should a problem arise. I do believe it is illegal to record phone conversations without the other person's permission.

Just wondering if "he helped" you at all during the 5 months you were his client. And if he did, maybe his decision to terminate you angered you and your now looking to get back at him. If he has done you "NO HARM" during the time you spent in therapy with him, then I think I'd just move on..

I personally think...

That taping you without your explicit consent...

Is a fairly major violation of trust.

I would be very upset.
Very upset indeed :-(

I used to live in new york state - clinton county, nasseau county, warren county, essex county and the protocal was always the same no matter what therapy agency I went to. and that was the clients have only limited access to their treatment/diagnosis part of the files. those parts needed to be requested by the new treating therapist and the new therapist would release those parts of the files to me. It was basically because sometimes it was in the clients best interest to hear the information from a therapist first before actually reading that information and teminology and getting upset by it. even now most therapy agencies ask for the name of new treating therapy professional to release the files to first.

As to the one liners you were given that came about back in the 1980's when courts gained the right to therapy files. Something about a rape case and the therapist went to jail for a bit because she didn't want to release the files to the court. (a movie was made out of the case too but I cant remember the title but lindsey wagner played the part of the therapist) anyhow since then United states therapy agencies now have a protocal where they only put a few sentences (and very brief ones at that) in the files about the whole session. for example mine ususally says something like -

Jaunary 11, 2006 - client worked on PTSD issues today. Treatment Goals finding and actively using relaxation techniques when experiencing flashbacks.

If I call in my therapist writes in her planning book what the phone call was about but in the actual files they have a form they have to fill out basic name time and a one or two liner about the call that covers the content of the majority of the phone call like if I called in tonight after a nightmare the file paper would have for example-

January 11 2006 client called at 3am experiencing nightmare and panic attacks. call ended at 4am.

his statement is accurate if he has on file a release form from you signed at your intake with him and his agency allowing adio and or visual recording. This paper is standard for intake process in the united states therapy agencies. Its usually at the bottom of the questionaire page after you have filled in name and address and insurance or on a separate page attached to the first page.

If you think you have grounds against him APA is not the only recourse.

All United states therapy professionals are board certified and or board liscensed. You can contact that board and request an ethics hearing. This takes a matter of a few months if that. My therapist went before her board of ethics each time within 2 weeks to a month from the date of the DHS caseworkers accusations acainst her. Anyone client or past client can contact thier State Board of Clinical Certified and Liscenced Social Workers to recieve past history of complaints of the therapy professional and they can also lodge complaints. The decisions made by the ethics board include - unfounded, or founded with diciplinary action. Diciplinary action can include written file report, fines and or loss of credentials (certification,licensing).

[hereiam]

Maybe after he found out you had reported someone, he quit therapy with you because he had been recording you the whole time and knew if you figured it out you wouldn't be afraid of reporting him either - so he tried to stop therapy before you figured it out. I don't mean to fuel the fire but that would be my first thought.

Good luck with this.

[Hopefull]

For emphases, I want to reiterate that all therapists are licensed. Go to your state's licensing board. My state has a website where you can check the credentials of doctors and therapists.
As for records, I think they should keep good records. But, I suspect that minimum requirements (laws) don't require good record keeping. Good record keeping is something done to help one to do their job and protect themselves in a law suit.
Some states do allow taping of conversations as long as one party knows. However, some states don't. In therapy, one shouldn't tape unless the client has okeyed it. I wonder if it was in some of the paperwork that you signed initially. I try to read those. But, I wish they would give me a copy for my records. I tend to not be functioning well when I do the paperwork. So I think they should hand me a copy of it. I think it should have also been in your file. There is a reason that it is called "Your file." I suspect you own it unlilke your credit report which is owned by the credit reporting agency. I could be wrong though.
I hope that you report this to your state's licensing agency. His/her actions need to be looked into.

[(JD)]

That you taped without consent makes you just as "wrong". . . if that is what you are evaluating. Since you have difficulty finding a therapist ethical enough for you as it is, I wouldn't make a legal issue of this. If you can, move on to a T you can trust, and dispense with your need to accuse and complain. I don't think that is in your best interest... it won't help your current relationship with this T, and as you shared, it won't help you find a new T who isn't very leery of your intentions.

IMO there are deeper issues rather than the taping.. since you also did this. If you can, work through it with your T and find out why... if the T won't, then you have no choice but to find someone who will help you get to the bottom of how you feel about therapy and therapists. Trust is a needed element for healing.

Not all therapists are licensed. Just because someone has a PhD doesn't mean they are being watched over by a licensing board. It sounds as though this T might be a licensed psychologist, because of the APA reference made, but might not be.

I'm sorry you are having to deal with this. Some of your issues are from your disorder... and that's a tough row to hoe.