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The psychological services I provide are strictly private and
confidential. Clients only feel safe sharing personal and sensitive
information when they can trust that it will not be disclosed to others
without their clearly expressed permission. I will maintain the highest
standards to ensure my clients privacy. At the same time, it is my duty
to inform clients of the legal limits to their confidentiality, which
are explained below. |
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Written Consent to Release Information |
The vast majority of instances when information is shared outside the
treatment environment are when a client provides a written consent for
me to communicate with another party. Often this is for the purpose of
organizing or coordinating health care with other professionals such as
physicians or other therapists. For children, this may include
communication with schools. Any signed consent to share specific
information can be revoked at any time by written or verbal notice by a
client. |
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Insurance Carrier Requirements |
Whenever clients choose to utilize their insurance benefits to pay for
mental health treatments, the insurer will require the identification of
the client, a diagnosis, and a treatment date, at a minimum. Most
managed care plans will require more information in order to determine
the necessity of care and to issue an authorization for continued
treatment. Typically these insurers will
request a list of symptoms that support a diagnosis, information on the
limitations to a client’s ability to function, substance abuse, and
other risk factors. If you have any concerns regarding the release of
this type of information, you are urged to discuss this with me within
the first 5 sessions of treatment (as insurers are not entitled to
request this information within this phase of care. |
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Duty to Warn and Protect |
Federal law requires mental health providers to disclose information
when there is a threat of harm to another person or themselves. NH State
law further requires disclosure when there is a substantial threat of
property damage. Under circumstances like these, only the minimum degree
of information required to protect life and property would be disclosed.
The appropriate parties contacted might include family members, an
identified victim (or potential victim), emergency health care
personnel, or the police.
In addition to the requirements to report future potential harm/danger,
NH State law requires that past and present acts of abuse or neglect to
children and/or incapacitated adults to be reported to state
authorities. This includes all acts of physical or sexual abuse. It also
requires reporting of prenatal exposure to controlled substances that
are potentially harmful to a fetus. |
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Court Order |
The law requires mental health professionals to release confidential
information when ordered to do so by an authorized court of law. Even
under these circumstances, I will make every effort within my power to
limit information from being shared that a client does not wish to have
disclosed. |
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Confidentiality of Minors |
The law does not protect the confidentiality of minors as far as their
parents or legal guardians are concerned. These parties have the right
to information in the minor child’s record if they choose to access it.
That said, it is important to understand that many adolescent clients
will not share important personal information if they expect their
parents to insist on being notified of it.
Because of the sensitive nature of parent/teenager privacy and
relations, parents are encouraged to reassure their adolescent children
that: 1) they will respect the privacy of their treatment, and 2) trust
my professional judgment to disclose information to parents if and when
the risks warrant such a disclosure (and outweigh the risks of not
disclosing information). If parents or teenagers have questions or
concerns about the boundaries of confidentiality, they are urged to
discuss them with me prior to disclosing sensitive information. |
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