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Confidentiality

Posted by on November 9, 2015

LEGAL

- MGL 112, 129A (confidentiality of Psychologist-Patient Communication)

- MGL 233, 20b (Privileged Communications)

- mandatory reporting

- MGL 112, 172 (Confidentiality of Communications with Clients)

- CFR 42.1 (Confidentiality of Alcohol and Drug Abuse Patient Records)

- U.S.C. 42, 290ee-3 (Confidentiality of Treatment Records)

- MGL 111b.11 (Alcohol Treatment Records)

- MGL 111e.18 ( Drug Rehab Records)

- MGL 233.20b (privileged Communications: Patients and Psychotherapists)

- MGL 112.12cc ( inspection of records)

- MGL 111.70f (Confidentiality of HIV Information)

- MGL 111.110a and 70g (Confidentiality of genetic testing information)

-HIPAA

- USC 1395(s, u) (defines a health care provider)

- MGL 119.51a (mandated reporting of children)

- CMR 118 ( mandated reporting of disabled persons)

- MGL 19a ( mandated reporting of elders)

ETHICAL

- AMHCA code of ethics

- ACA code of ethics

- AAMFT code of ethics

- APA code of ethics

- AMHCA 1.a.2 (primary obligation to safeguard info)

- AAMFT 2.2 Principle 2 Confidentiality (how info is disclosed and use of waivers)

- AMHCA 1.a.2 ( mandated reporting of children, disabled persons, elders)

- AMHCA 1.e.1 ( maintaining records)

CLINICAL

- confidentiality exceptions (danger to self or others, collect accounts receivable)

- separate entrance/exit doors if possible

- spaced appointments as prevent patient interaction in waiting room if possible

- mindful of what is included/exempt from psychotherapy notes

- destruction of reports and records after 5 years

POLICY

- written consent policy explaining exceptions

- how psychotherapy notes stored

- policy on storage of all protected health information (PHI)

- policy on use of recording devices

- Notice of Privacy Practices

- Notice of Patients Rights

- policy on how records are destroyed

- computer use policy

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