Privacy Policy

WHAT TO EXPECT FROM THE THERAPEUTIC RELATIONSHIP

All professionals at this practice adhere to legal and ethical standards summarized by the National Board for Certified Counselors, the American Counseling Association, and the American Psychological Association. The limits on the therapeutic relationship specifically define that therapists cannot advise on legal, medical, financial or any other professional services.

Therapists are bound by the ethics of this profession to keep what is shared confidential. Professionals can be trusted not to tell anyone else what you say, except in specific limited situations. The “About Confidentiality” part of this document will explain that in greater detail. We will not reveal who we are working with. If we meet on the street or in a social setting, you will not be approached to say ‘hello’. This is not because of personal reaction to you, but to maintain confidentiality of our relationship.

Therapists will have no other role in your life except to be your therapist. Sexual intimacy is never appropriate and should be immediately reported to the Bureau of Professional & Occupational Affairs. We cannot socialize with you. If you see someone that you know in the waiting room please do not disclose their name or identity to anyone, ever.

Every effort will be made to keep names and records of people private. Your name will never be used on the phone if others can overhear it. If your records need to be seen by another professional or anyone else, it will be discussed with you. You will be asked to sign a Release of Confidential Information unless the matter falls under one of the exceptions to the confidentiality rule.

The Release of Confidential Information is a form consenting to disclosure. The form states exactly what information is to be shared, with whom, and why, it also sets time limits. A copy of the release is available to you.

Office policy dictates that office records will be destroyed seven years after the end of therapy. Until then, records will be stored between two locked doors and in a locked cabinet.

If the relationship with your mental health professional should need to be terminated because of their illness, disability, or unforeseen circumstances, you will be asked to permit transfer of your records to another therapist. This therapist will assure the same confidentiality and ethical behavior. By signing this document, you are giving your consent to be transferred to another therapist in the case of an emergency.

LIMITS OF THE PROFESSIONAL PSYCHOTHERAPY RELATIONSHIP

This relationship will be limited to the roles of the therapist and client only. Any other interaction between a therapist and client constitutes a ‘dual relationship’. A dual relationship is a violation of professional ethics because it can set up conflicts between the therapist’s interests and the client’s interests. Your interests may not be put first in a dual relationship. Clinicians:
cannot be your supervisor, teacher, or evaluator; cannot be a counselor to relatives, friends, people known socially or business contacts; cannot have any other kind of business relationship with you besides the counseling itself; cannot give legal, medical, financial or any other type of professional advice; cannot have any kind of romantic or sexual relationship with a former or current client or any other people close to a client; and, cannot be your friend. When counseling is completed, your therapist cannot be your friend.

CONFIDENTIALITY IN THERAPY

Disclosure of what you tell us is prohibited to be shared unless you give specific written permission. It is important for you to know that not everything you disclose will remain confidential. Some laws require disclosure under certain situations. Your general information may be disclosed or used for billing and payment purposes. This will not include confidential communications. If you have any questions about confidentiality, you need to discuss them immediately with your clinician.

When you or another person is believed to be in physical danger, the law requires the clinician to tell others about it. Specifically: Under suspicion that you are threatening serious harm to another person, your clinician may have to tell the person, or call the police, or initiate a psychiatric hospitalization.

If there are threats or acts that in any way may harm you, your clinician may have to initiate hospitalization, or talk to others who can help to protect you. The situation will be discussed fully with you unless there is reason to act immediately.

In an emergency where your life or health is in danger and your consent can not be obtained, your clinician, may give another professional information to protect your life.

Under suspicion that a child, an elderly person, or a disabled person is being abused, a report must be filed with the state. To ‘abuse’ means to neglect, hurt, or sexually molest another person. Your clinician will not investigate the situation to find out all of the facts. The state will investigate.

DIVORCE/CUSTODY DISPUTES

Your clinician will not provide evaluations or expert testimony in court. Another mental health professional will be hired for any evaluations or testimony that you require. Your clinician’s statements will be seen as biased in your favor because of this therapeutic relationship and the testimony might affect this relationship. This therapeutic relationship comes first.
In general, if you become involved in a court case or proceeding, you can choose to prevent your clinician from testifying in court. This is called ‘privilege’. Your clinician usually does not have legal or ethical duty to report a crime that occurred in the past or one that is imminent. 

There are some situations where the law, a judge or court may require your clinician to report/testify. These include but may not be limited to the following:

• Situations that involve the welfare of a child such as child abuse/neglect.

• In child custody or adoption proceedings where your fitness as a parent is questioned or in doubt.

• In situations involving the physical violence exception of the ‘duty to warn and protect’ statute.

• In cases where your emotional or mental condition is important information for a court’s decision- including duty to initiate a 72 hour hold for your evaluation because of imminent danger to yourself or others.

• During a malpractice case or an investigation of your therapist or another therapist by a professional group.

• In a civil commitment hearing to decide if you will be admitted to or continued in a psychiatric hospital.

Here are a few other things that you must know about confidentiality and your clinician:

• Clinicians consult with other professionals about the treatments. Those professionals are required by law and professional ethics to keep information confidential. If your clinician becomes unavailable for any reason, another clinician may be asked to help you.

• Clinicians are required to keep records of their work. You have a right to review those records unless it is believed that something in your clinical record might harm you.

• In cases where several members of your family are being treated, confidentiality can become complicated. At the start of treatment, there will be a clear understanding of goals, role of the therapist and any limits on confidentiality.

• In couples counseling, if the therapist is told something that your partner does not know, and not knowing could harm that person or your relationship, the clinician cannot promise to keep it confidential. A mutual decision will be made about the best long-term way to handle this situation.

• If you and your partner have a custody dispute, or a court custody hearing is coming up, your clinician will need to know about it. Professional ethics prevent clinicians from doing both therapy and custody evaluations. Your clinician will not do custody evaluations. 

• If you are being seen for couples counseling, you must agree at the start of treatment that if you eventually decide to end the relationship, that your clinician will not be requested to testify for either side.

• At the start of family or couples’ therapy, we must specify which members of the family must sign a release form for the common record. 

• State law prohibits all parties in couples/family therapy from disclosing any knowledge gained during the course of therapy without the consent of the person to whom the knowledge relates.

(Excerpts from the Professional Disclosure Statement which is reviewed and signed at the start of treatment)