Recently, I had a healthcare professional in long-term recovery decline to share their story on this podcast due to concerns about potential legal ramifications from speaking publicly about their past, even though they had successfully completed their state’s recovery process years ago. This got me thinking about how many other healthcare professionals might have similar fears about sharing their recovery experiences.
In this Quick Takes episode, I explore the legal landscape around public disclosure of recovery stories, examining the robust protections that exist in states like Washington for healthcare professionals who voluntarily participate in recovery programs. While these “safe harbor” laws provide strong confidentiality protections for entering treatment, the legal considerations around later speaking publicly about those experiences are more complex and vary significantly by state.
Whether you’re a healthcare professional in recovery considering sharing your story, or someone who wants to better understand the legal framework that both protects and potentially limits such disclosure, this episode provides important insights into navigating these challenging waters. The goal isn’t to discourage transparency, but to ensure that those who choose to speak out can do so with full knowledge of their legal landscape.
Recovery stories save lives—both for colleagues struggling in silence and for the patients we serve. Understanding the legal realities helps ensure these powerful stories can be shared safely and effectively.
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Transcript
Welcome back, everyone, to Diversion Insights Quick Takes. Today, I want to talk about something that came up recently.
I had a CRNA who’s been in recovery for several years turn down a podcast interview invite. His reason? He was worried that if the DEA heard him talking about his past publicly, there could be consequences, even though he’d successfully gone through the state’s recovery process years ago and has been practicing safely ever since. I totally get that concern. The fear is real. You’ve done all the hard work, jumped through all the hoops, and you’re in a good place. Why risk it by speaking publicly?
But here’s the thing. I think a lot of healthcare professionals don’t realize that there are actually some pretty solid legal protections out there, at least for getting treatment in the first place. I reached out to a lawyer in Washington state. This is the state where this particular healthcare professional was licensed to understand what’s really on the books. And what I learned is that Washington has something called a safe harbor provision in their law.
It’s regulation RCW 18.130.175. And the key part says that license holders voluntarily participating in the approved programs without being referred by the disciplining authority shall not be subject to disciplinary action, and that your participation won’t even be reported to the licensing authority. So, basically, in Washington, if you voluntarily go into an approved recovery program without being forced by the licensing board, you can’t be disciplined just for having a substance use problem. This is true in many states. So, think about that. The whole point is to encourage people to get help without the fear of losing their careers. And it’s for several disciplines. This covers, uh, CRNAs, nurses, mental health counselors, respiratory therapists, tons of healthcare professionals.
Here’s where it gets interesting, though. All the records are confidential. Can’t be subpoenaed or used as evidence except in very specific situations. Even if you have a relapse and need to go back to the program, the law encourages more treatment rather than automatic punishment. But here’s the important part. This is Washington state law. Other states have their own versions, and they’re not all the same. Some might be stronger, some weaker. And we’re talking about state protections here, not federal. The tricky part is that these protections are pretty clear about getting treatment and participating in recovery programs. But when it comes to speaking publicly about your experience later, that’s where things get a little murkier. The laws protecting you while you’re in recovery don’t necessarily protect you when you’re on a podcast talking about it years later. And that’s where my colleague’s concern makes total sense.
Federal agencies operate under different rules than state licensing boards. The legal landscape around public disclosure is just not as clear-cut as the protections for seeking help. And it is wise to understand both your state and federal regulations.
When healthcare professionals in recovery do share their story, it can save lives. I’ve seen it happen. A nurse hears your story and realizes they’re not alone. A doctor finally gets the courage to seek help. Patients benefit from a healthcare system that actually deals with these issues honestly.
To my colleague who decided not to do the interview, I respect that decision completely. You made the choice you felt was right for you, and that’s what matters. If anyone else is wrestling with this question, just know that there are legal protections out there, but they do vary by state and situation. The protections for getting help are generally pretty strong. The protections for talking about it later… that’s a bit more complicated.
If you’re struggling right now, please know that confidential help is available. Every state has some form of recovery program for healthcare professionals, and the laws are specifically designed to protect you when you seek help voluntarily.
Recovery is possible. Careers can be rebuilt. And while the legal landscape around sharing your story might be complex, understanding your actual rights and risks can help you make informed decisions about if and when you’re ready to help others by sharing your experience. Thanks for listening, and remember, seeking help is always a sign of strength.
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