Are EAP and/or alcohol and drug abuse counseling considered mental healthcare delivery?
Sometimes, but not always. It depends upon what the counselor is doing with and for the client. If, for example, the client is looking for help in getting an aged family member placed in a long term care facility, or seeking a referral for credit counseling, or in trouble in a legal matter in an EAP setting, the services being provided are not mental health services or treatment as defined in the Mental Health Code or the Confidentiality Act. In such cases, the duty of confidentiality still exists because the client has been invited to participate in EAP services with a guarantee of confidentiality (with certain exceptions). When the client accepts the invitation and participates in the EAP, there is a contract between the agency and the employee which places a duty of confidentiality on the EA coordinator. If for example, a patient is seeing a therapist and an alcohol and/or drug abuse component are present, the services may be considered alcohol and drug abuse counseling and subject
