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Billing and Appointment Information
Responsibilities of Any Counselor
Responsibilities of the Client
Privilege vs. Confidentiality: Only attorneys and members of the clergy have privileged communication by statute in the State of Colorado. If privilege exists, the courts will not allow that information be used as evidence unless it falls into exceptions or is waived. Confidentiality is a much broader term that depends on professional ethics and fiduciary responsibility. The holder of the privilege may waive the privilege. The client holds the privilege. Confidential Communication: Information obtained in the therapeutic relationship will not be disclosed except 1) with written consent of the client; 2) in case of client’s death, the client’s personal representative may request the information; 3) the client communicates the contemplation or commission of a crime or harmful act; 4) if the client is a minor and the counselor suspects or knows that the client was the victim or subject of a crime; 5) if the client waives the confidentiality privilege by bringing charges against the counselor; and 6) in response to a subpoena. More than One Person in the Room: There is no forced confidentiality between the parties in the room. (E.g.: between partners or spouses, between members in group therapy). Child Therapy: If a child is age 14 or under, the parents have the same status as the child. Either parent can sign a release of information. It is the parent’s responsibility to produce court documents to the counselor if one parent does not have that privilege. If the child is over the age of 14, the child is the client. Couples Counseling: Both parties are clients; however, either one can waive confidentiality. Child Abuse& Neglect: Counselors are mandated (i.e., required) to report any suspicion or knowledge of physical, sexual or emotional child abuse for any one under the age of 18 to Child Protective Services (CPS) within 24 hours of suspicion or knowledge. Client’s Authorization of Disclosure: A client may authorize a counselor to disclose their information and the counselor shall honor this request and provide a copy of the records unless the counselor denies the request. The request must be in writing, dated and signed by the client. The client should identify the nature of the information to be disclosed as well as the name, address of the person or organization information is to be disclosed. The counselor will retain the original signed authorization (Release of Information) for disclosure. Client’s Request—Denial by Counselor: A counselor may deny access to health care information by a client if the counselor reasonably concludes that 1) the knowledge of the information would be injurious to the client’s health; 2) knowledge of the information could lead to the client’s identification of an individual who provided information in confidence; 3) knowledge of the information could cause danger to the life or safety of an individual; 4) the information was compiled and is used solely for litigation, quality assurance, peer review or administrative purposes. Disclosure without Client’s Authorization: A counselor may disclose health care information about a client without their authorization to the extent a recipient needs to know the information, if the disclosure is 1) to a person who the counselor reasonably believes is providing care to the client; 2) to other persons who require health care information for health care education, or to provide planning, quality assurance, peer review, or administrative, legal, financial or actuarial services to the counselor or for assisting the counselor in the delivery of health care and the counselor reasonable believes that the person will not use or disclose the health care information for any other purpose and will take appropriate steps to protect the information (i.e., insurance companies); 3) to any other health care provider reasonably believed to have provided health care to the client to the extent necessary to provide heath care to the client unless the client has instructed the counselor in writing not to make the disclosure; 4) to any person if the counselor reasonably believes that disclosure will avoid or minimize an imminent danger to the health or safety of the client or any other person. Compelled Release: If the counselor receives a subpoena, the counselor will notify the client. If the request for information is against the client’s wishes, the client may seek a court injunction. Courts give a 14-day notice unless the court ordered subpoena is in regards to drug and alcohol use. Record Ownership: The counselor owns the records, the client owns the information. Original records will never be released. All handwritten session notes are destroyed after each session/dictation. Copies of session reports will be typed, entered onto an electronic/digital database, and be password protected with only the counselor’s access. All copies of signed forms will be stored in locked filing cabinets. After seven years, only a summary record will be kept on an electronic/digital database with all other file/case documents destroyed.
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