ExPress Yourself Talk Therapy Life Foundation

Confidentiality
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Confidentiality

Of course you should be concerned about the confidentiality of your sessions. As a talk therapist, I have an ethical responsibility to protect and maintain the confidentiality of your private information. Texas laws are conservative and support the protection of your privacy. As a general rule, I will not and do not discuss your private information with anyone unless I have your prior written consent.

There are some exceptions to absolute confidentiality. It is important that you understand these exceptions; if you have questions, please contact me for clarification.

In addition to the exceptions listed below, if you pay for talk therapy services through health insurance, the insurance companies require information about you and your mental health status before they will pay for services. Please see the page regarding insurance for more details.

 

EXCEPTIONS TO CONFIDENTIALITY

1) Child Abuse: If you tell me that you have cause to believe that a child has been, or may be, abused, neglected, or sexually abused, we must make a report of such within 48 hours to the Texas Department of Protective and Regulatory Services, the Texas Youth Commission, or to any local or state law enforcement agency. Should such reporting become necessary, I will discuss with you the process of reporting and likely outcomes.

2) Abuse of the Elderly and Disabled: If we have cause to believe that an elderly or disabled person is in a state of abuse, neglect, or exploitation, we must immediately report such to the Department of Protective and Regulatory Services.

3) Health Oversight: If a complaint is filed against me with the State Board of Examiners, they have the authority to subpoena confidential mental health information from me relevant to that complaint.

4) Judicial or Administrative Proceedings: If you are involved in a court proceeding and a request is made for information about your diagnosis and treatment and the records thereof, such information is privileged under state law, and I will not release information, without written authorization from you or your personal or legally appointed representative, or a court order. The privilege does not apply when you are being evaluated for a third party or where the evaluation is court ordered. You will be informed in advance if this is the case. I do not get involved with forensic or court cases. If you are involved in a court case please discuss with your Lawyer the possible ramifications of seeing a talk therapist BEFORE entering therapy. If you decide to seek talk therapy from me, I will ask you to sign an agreement that states you will instruct your Lawyer that I am not to be subpoenaed to court.

5) Serious Threat to Health or Safety: If I determine that there is a probability of imminent physical injury by you to yourself or others, or there is a probability of immediate mental or emotional injury to you, I may disclose relevant confidential mental health information to medical or law enforcement personnel.

6) Worker's Compensation: If you file a worker's compensation claim, I may disclose records relating to your diagnosis and treatment to your employer's insurance carrier.

7) Health Insurance Provider: If you wish to pay for your sessions through your health insurance company, the insurance company may require that I report to them certain specific information about your diagnosis, treatment goals, and progress toward those goals. This data will likely be entered into some sort of electronic database. I have no control over how the information is handled or who has access to it. Please think carefully before making the decision to use insurance to pay for talk therapy services. Please see the page regarding insurance for more details

8) Peer Professionals: There are times when I may seek consultations from peer professionals. When I do this, I may discuss certain aspects of your case without revealing personally identifying information. My peers have the same legal and ethical responsibilities to maintain confidentiality. I will not normally advise you in advance of these consultations unless I think it is important to the quality of our relationship and your therapy.

9) Colleague: There are also times when I may go out of town from training or vacation. During these times I will ask a colleague to provide emergency coverage for my clients. It may be necessary to give this talk therapist information about you and your case if it seems likely that you might call him or her during my absence. Again, my colleagues are also required to maintain confidentiality.

10) Release of Information: If you are receiving treatment for a chronic condition by a physician, or if you have been referred to me by your doctor, and you would like for me to be able to discuss information with your physician, you will be asked to sign a release of information form. Normally, when a physician refers clients to me, I ask the clients to sign one of these releases and then I simply let the physician know, usually on a monthly basis, that you are attending treatment sessions with me and making progress toward your goals. Additional information can be discussed when necessary.

 


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