HIPAA for psychiatry practices
Psychiatry and counseling practices handle some of the most protected data in healthcare — psychotherapy notes, 42 CFR Part 2 substance abuse records, and prescribing data for controlled substances. Whether you already work with a compliance vendor or are evaluating for the first time, Patient Protect adds a security-first layer for behavioral health.
The real risk
Under HIPAA, psychotherapy notes cannot be disclosed even with a standard patient authorization in many cases. They must be stored separately from the medical record and require their own specific authorization for release. Most EHR systems don't enforce this separation architecturally.
If you treat substance use disorders, patient records carry additional federal protections. Disclosure rules under Part 2 are stricter than standard HIPAA — requiring patient consent for most disclosures, including to other healthcare providers. Make sure your compliance program explicitly addresses Part 2.
Electronic Prescribing of Controlled Substances (EPCS) adds identity verification, two-factor authentication, and audit trail requirements on top of standard HIPAA obligations. Make sure your compliance program explicitly addresses EPCS controls.
Recorded therapy sessions, chat transcripts, and asynchronous messaging are ePHI with heightened sensitivity. Storage, access controls, and retention policies for psychiatric telehealth records require specific attention beyond standard telehealth compliance.
What HIPAA requires
Psychotherapy Note Protections
Separate storage for psychotherapy notes from the general medical record. Specific authorization requirements for disclosure. Access controls limiting who can view psychotherapy notes within the practice.
42 CFR Part 2 Compliance
Documented procedures for substance abuse records. Patient consent requirements for disclosure. Staff training on Part 2 requirements distinct from standard HIPAA training.
EPCS Compliance
Two-factor authentication for controlled substance prescribing. Identity verification procedures. Audit trails for all e-prescribing activity. Staff training on EPCS requirements.
Telehealth Session Security
Encryption for recorded sessions and transcripts. Access controls on session recordings. Retention and destruction policies for psychiatric telehealth records.
How Patient Protect helps
SRA wizard covers psychotherapy note handling, 42 CFR Part 2, EPCS compliance, and telehealth session security — not a generic practice questionnaire.
Auto-generated policies covering psychotherapy note protections, substance abuse record handling, and EPCS procedures — customized to your practice.
HIPAA-compliant messaging that automatically gates content based on BAA status — critical for practices communicating about sensitive behavioral health information.
Training modules covering psychotherapy note protections, Part 2 requirements, EPCS compliance, and handling sensitive behavioral health records.
How we compare
Every major compliance platform covers risk assessments and policy templates. The difference is what happens after the paperwork is done.
10 questions to ask any platform
Risk assessment that satisfies §164.308(a)(1)
A readiness quiz is not a risk analysis.
Full SRA wizard mapped to NIST CSF with live scoring
Auto-generated policies with workforce acknowledgment
HIPAA requires documented proof your staff reviewed them.
48 policies from your risk profile, versioned acknowledgment
Staff training with delivery tracking
§164.308(a)(5) — sending a PDF is not sufficient.
80+ modules, completion tracking, audit-ready records
Full BAA lifecycle management
Expired BAAs are a top enforcement target.
E-signature, renewal alerts, Vendor Risk Scanner
Patient Protect answers yes to all 10.
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Pricing
No contracts · No setup fees · Cancel anytime
Core
$39/mo
Risk assessments, policies, BAA management, training, and compliance scoring.
Pro
$99/mo
Everything in Core plus secure messaging, breach intelligence, live diagnostics, and AI compliance assistant.
FAQ
Yes. Psychotherapy notes receive heightened protections under HIPAA — they must be stored separately from the general medical record, require specific patient authorization for most disclosures, and cannot be disclosed simply because a patient authorized release of their medical records. This separation must be enforced in your record-keeping system.
If you provide substance use disorder diagnosis, treatment, or referral services, 42 CFR Part 2 applies. This includes psychiatrists, counselors, and therapists who treat patients with substance use disorders — even if it's not the primary focus of your practice. Part 2 consent requirements are stricter than HIPAA for most disclosures.
Patient Protect starts at $39/month with no contracts — covering risk assessments, behavioral health-specific policies, 42 CFR Part 2 compliance, staff training, and continuous monitoring. Whether you use it alongside your existing compliance partner or as a standalone solution.
Patient Protect is intuitive, proactive, and affordable — exactly what small clinics like ours need to keep patient data safe and stay on the right side of HIPAA.
Next step
See your real exposure in five minutes. Free risk assessment — no login required.
