SAP Evaluations and Your Privacy: What Information Gets Shared with Your Employer?
If you have been told you need to complete a SAP evaluation, it is completely normal to feel nervous—especially about privacy. Many DOT-regulated employees worry that everything they say to the Substance Abuse Professional will be shared with their employer, placed in a personnel file, or used to justify discipline or termination. These fears are common, but they are largely based on misunderstandings about how SAP evaluations actually work.
SAP evaluations operate within a tightly regulated federal framework designed to balance public safety with individual privacy. Understanding what information is shared, what remains confidential, and what your rights are can significantly reduce anxiety and help you approach the process with greater clarity and confidence.
Understanding the Role of the Substance Abuse Professional
A Substance Abuse Professional, or SAP, is a licensed clinician trained to evaluate DOT-regulated employees after a drug or alcohol violation. The SAP’s role is not to diagnose you for your employer, advocate for discipline, or decide whether you keep your job. Instead, the SAP functions as an independent evaluator whose responsibility is to determine what steps are required for compliance with DOT regulations and whether you are eligible to return to safety-sensitive duties.
Because SAPs are licensed professionals, confidentiality is a core part of their ethical responsibility—even within a federal compliance system.
What Information SAPs Must Share with Employers
Under DOT regulations, SAPs are required to share only limited, job-relevant information with employers. This is often referred to as the “minimum necessary” standard. Employers are informed whether you completed the SAP process, whether you complied with the recommended education or treatment, whether you are eligible for return-to-duty testing, and whether follow-up testing is required.
Importantly, the return-to-duty determination is binary. The employer receives a yes-or-no answer regarding eligibility, without a clinical explanation. This structure exists to ensure employers can maintain safety compliance without access to private health information.
What SAPs Cannot Share with Employers
One of the most persistent myths about SAP evaluations is that the employer receives a full report of everything discussed during the evaluation. This is not true. SAPs are prohibited from sharing diagnoses, treatment details, clinical impressions, therapy notes, or personal disclosures.
Your employer does not receive information about where you attended treatment, what you discussed in sessions, your mental health history, or any details unrelated to compliance. Even when treatment is required, the employer is notified only that treatment was completed—not what occurred during that process.
HIPAA Protections and Their Limits in the DOT Context
HIPAA protections apply to SAP evaluations, but with specific limitations. Because DOT regulations prioritize public safety, employees sign DOT-specific releases that allow limited information sharing for compliance purposes. These releases do not grant employers unrestricted access to medical records or clinical details.
In practice, this means HIPAA still protects your private health information, while DOT rules create a narrow exception allowing SAPs to report compliance outcomes. Outside of that exception, confidentiality remains intact.
The DOT Drug and Alcohol Clearinghouse
The DOT Drug and Alcohol Clearinghouse is another source of concern for many employees. The Clearinghouse does create a permanent federal record, but the information it contains is limited. It documents the occurrence of a DOT violation, completion of the SAP evaluation, eligibility for return-to-duty testing, and completion of the follow-up testing plan.
The Clearinghouse does not store diagnoses, treatment notes, session content, or clinical findings. While the record is permanent, it reflects compliance milestones rather than personal health information.
Your Rights Regarding SAP Records
As an employee, you have important rights in the SAP process. You have the right to know what information will be shared, to ask questions about confidentiality, and to request copies of SAP reports. You may also authorize or decline releases outside of DOT requirements.
You are entitled to work with a SAP who explains the process clearly, answers questions honestly, and respects professional boundaries. Ethical SAP practice includes transparency and respect for employee rights.
Common Myths About SAP Privacy—Debunked
A common belief is that the employer receives a full narrative report. This is false. Employers receive only compliance status updates.
Another misconception is that the SAP tells the employer your diagnosis. Diagnoses are not shared with employers or the Clearinghouse.
Some employees fear that anything they say can be used against them. In reality, SAPs do not provide employers with personal disclosures or clinical commentary. Employment decisions are separate from SAP clinical information.
Why Honesty with the SAP Actually Protects You
Out of fear, some employees minimize substance use or withhold information during the evaluation. Ironically, this often leads to inappropriate recommendations or delays in the process. SAP evaluations work best when employees understand that clinical honesty remains confidential, while only compliance outcomes are shared.
When the SAP has an accurate understanding of your situation, recommendations are more likely to be appropriate, efficient, and supportive of long-term compliance.
Final Thoughts
SAP evaluations at Purple Path Counseling are not designed to expose your private life to your employer. They are structured processes that protect public safety while maintaining strict limits on information sharing. Employers receive only what they need to know to ensure compliance—nothing more.
Understanding SAP confidentiality, DOT privacy rights, and the role of the Substance Abuse Professional can make the process far less intimidating. When you know what is and is not shared, you can focus on completing the process successfully and moving forward with confidence.
Your Privacy, Your Rights, and a Clear Path Back to Work with SAP Evaluations in New Mexico
If you need SAP Evaluations in New Mexico, you deserve a process that protects your privacy while helping you return to work with confidence. At Purple Path Counseling, SAP evaluations are conducted with strict confidentiality, clear explanations, and respect for your rights under DOT regulations. You don’t have to choose between honesty and your job—schedule your evaluation and move forward without fear. Follow these three simple steps to get started:
Complete our secure SAP Evaluation intake form to get started.
Begin your SAP evaluation with a substance abuse professional who prioritizes confidentiality.
Move forward with clarity, confidence, and a protected path back to work.
Additional Services Offered at Purple Path Counseling
Beyond SAP evaluations, Purple Path Counseling offers a wide range of confidential mental health services for individuals, couples, and families seeking thoughtful, ethical care. Our clinicians support adults working through anxiety, depression, trauma, grief, life transitions, and substance-related concerns, along with couples counseling focused on communication, trust, and emotional connection. We also provide Critical Incident Stress Debriefing (CISD), perinatal mental health support during pregnancy and postpartum, group therapy for anxiety, trauma, maternal mental health, and addiction recovery, as well as comprehensive disability accommodation assessments for work, school, and housing needs.
Purple Path Counseling also provides a range of legal evaluations, including Certificate of Merit (COM) assessments, Life Care Plans, immigration-related evaluations, DUI evaluations, and comprehensive mental health evaluations. We also offer Critical Incident Stress Debriefing (CISD), perinatal mental health support during pregnancy and the postpartum period, and group services focused on trauma, anxiety, addiction, and maternal mental health. In addition, we conduct disability accommodation evaluations for work, school, and housing needs.
For continued education and guidance, we invite you to explore our blog for trusted insights on mental health and wellness.
About The Authors
Purple Path Counseling is guided by licensed clinicians Dr. Stephanie Marie Kinney, Psy.D., LMFT, PMH-C, SAP, and Dr. Tia Brisco, Psy.D., LMFT, SAP, who bring extensive clinical expertise to their work with individuals, couples, and professional organizations. As Clinical Director, Dr. Kinney draws on over a decade of experience supporting clients through perinatal mental health concerns, substance-related challenges, relational stress, and major life changes using trauma-informed, integrative care.
Dr. Brisco serves as Director of Clinical Operations and specializes in workplace mental health, organizational consultation, and SAP evaluations for professionals in safety-sensitive roles. Together, they foster a supportive, ethical practice grounded in transparency, collaboration, and respect, offering both SAP evaluations and virtual therapy services.
