Confidentiality & Privacy Policy
The law protects the relationship between a client and a licensed counselor, and information cannot be disclosed without written permission (a signed release of information, ROI). Beyond these exceptions, all information shared with a counselor is confidential. Exceptions include:
Permission to Protect per Texas Health and Safety Code Sec. 611.004:
- If I determine that there is a probability of imminent physical, mental, or emotional injury by the client to themself, or others, I will make every effort to enlist the client’s cooperation in ensuring safety. If the client does not cooperate, I may take further measures to ensure the client’s safety. These measures may include enlisting an emergency contact or other support person to assist, or if needed, call local mental health authorities for a welfare check to ensure safety. This would only be done in situations that are deemed necessary to ensure immediate concerns of safety.
Mandatory Reporting per the Behavioral Health Executive Council of the State of Texas:
- (1) Texas Family Code Chapter 261, Subchapter B, concerning report of abuse or neglect of minors;
- (2) Texas Human Resources Code Chapter 48, Subchapter B, concerning reports of abuse, neglect, or exploitation of elderly or disabled persons;
- (3) Texas Health and Safety Code Chapter 161, Subchapter L, concerning abuse, neglect, and unprofessional or unethical conduct in health care facilities;
- (4) Texas Civil Practice and Remedies Code, §81.006, concerning duty to report sexual exploitation by a mental health provider;
- (5) A licensee must comply with Texas Occupations Code §109.051 relating to the release of treatment information concerning the treatment of a sex offender
Please also click here for HIPAA privacy practices.