Sealed

Psychotherapy notes vs progress notes

ยท Updated

Short answer: Psychotherapy notes are a clinician's separate notes that analyze what was said in a session. HIPAA gives them extra protection: they fall outside the client's right of access and most disclosures need specific authorization. Progress notes sit in the regular record, cover the date, interventions, risk and plan, and can be shared for treatment and payment.

Under HIPAA, psychotherapy notes are a narrow category with extra protection. Most therapists keep progress notes in the regular record and a small set of separate process notes. Pair this with the HIPAA checklist for therapists and the guide on texting clients: HIPAA rules and consent.

What are psychotherapy notes?

Definition: HIPAA defines psychotherapy notes as notes a mental health professional records or keeps separate from the rest of the record that document or analyze the contents of a counseling session.

They only qualify if they are kept apart from the medical record. Notes mixed into the EHR chart are not psychotherapy notes under HIPAA, even if they feel private.

What do psychotherapy notes not include?

These belong in the regular record, not in psychotherapy notes:

What are progress notes?

Definition: Progress notes document the session in the client's record: the date, interventions, client response, risk assessment and plan. Payers and other providers may need to see them.

How do access and disclosure differ?

AreaPsychotherapy notesProgress notes
Where keptSeparate from the recordIn the record
Client accessNot included in the right of accessGenerally included
DisclosureUsually requires specific authorizationCan be disclosed for treatment, payment and operations as HIPAA permits
PayersCannot require them as a condition of paymentMay request

What should you do in practice?

Frequently asked questions

Do I have to keep psychotherapy notes?

No. Many clinicians do not.

Can clients see progress notes?

Generally yes, with limited exceptions.

Can a payer demand psychotherapy notes?

HIPAA says a health plan may not condition payment on providing psychotherapy notes.

How Sealed helps

Sealed gives therapists a HIPAA program built for behavioral health, including note and disclosure policies. Start your risk analysis.

Sources and check date

Checked October 11, 2026.

This is general information, not legal advice.

Talk to Sealed
HIPAA, handled for therapists.
Start your risk analysis