The only way a behavioral health provider can treat a client is if the client honestly discloses his or her thoughts, feelings, and actions.Informing clients that their provider will report him/her to the police also ensures that if any of the clients do have issues that result in abusive behavior they will lie about or not divulge their problem, making successful treatment almost impossible.This has a negative effect on the client/therapist relationship and inhibits successful treatment. If a provder tells their clients that they will report incidences of abuse to the authorities, as the clinic that gave you the client rights flyer does, they are assuring that the clients know that the provider has priorities that override his or her best interests.The result of that will be a rise in incidences of child abuse. If enough clients with abusive behaviors are turned in to the authorities instead of being treated for their probem, then soon we would have a society where hardly any person with abuse issues will be gertting necessary behavioral health treatment. The likelihod of a client who has been turned into the police going back to therapy and getting effective treatment is very small. The treatment would likely have made a difference in the client’s abusive behavior and could have stopped it altogether. If the provider informs the police that a client has revealed that he/she is an abuse during treatment, the treatment of that client effectively stops.Here’s how these guidelines may play out in practice: You can read all about that landmark decision here. So basically a behavioral health professional can only divulge information received from a patient in treatment is no save someone’s life.Īddtionally, in 1996 the Supreme Court ruled that psychotherapy notes were not discoverable with a Court order. The legal definition of “serious”, as in “serious harm”, is harm that could result in death. without your express authorization is in cases where the information can be used by an authority to prevent imminent and serious harm of a person or persons, and the need for the information is immediate. When you track down the various citations, the end result is that the only time a provider can disclose psychotherapy notes - things you have talked about with your doctor, case manager, etc. (ii) A use or disclosure that is required by § 164.502(a)(2)(ii) or permitted by § 164.512(a) § 164.512(d) with respect to the oversight of the originator of the psychotherapy notes § 164.512(g)(1) or § 164.512(j)(1)(i). (C) Use or disclosure by the covered entity to defend a legal action or other proceeding brought by the individual and (B) Use or disclosure by the covered entity in training programs in which students, trainees, or practitioners in mental health learn under supervision to practice or improve their skills in group, joint, family, or individual counseling or (A) Use by originator of the psychotherapy notes for treatment (i) To carry out the following treatment, payment, or health care operations, consistent with consent requirements in § 164.506: Notwithstanding any other provision of this subpart, other than transition provisions provided for in § 164.532, a covered entity must obtain an authorization for any use or disclosure of psychotherapy notes, except: (2) Authorization required: psychotherapy notes. When a covered entity obtains or receives a valid authorization for its use or disclosure of protected health information, such use or disclosure must be consistent with such authorization. Except as otherwise permitted or required by this subchapter, a covered entity may not use or disclose protected health information without an authorization that is valid under this section. (1) Authorization required: general rule. (a) Standard: authorizations for uses and disclosures. § 164.508 Uses and disclosures for which an authorization is required.
0 Comments
Leave a Reply. |