Client Rights & Clinician Responsibilities
Adapted from the Pennsylvania Law Code 4.72
· You have a right to competency from your Licensed Professional Counselor (DEVINE, LPC):
· In all communications with you, DeVine, LPC may not misrepresent directly, indirectly or by implication his/their professional qualifications such as education, specialized training, experience or areas of competence.
· DeVine, LPC may practice only within the competency areas for which he/they are qualified by education, training and experience. DeVine, LPC may utilize only those testing and assessment instruments relevant to your needs and for which they/he have been trained.
· DeVine, LPC shall maintain appropriate standards of care. The appropriate standard of care is defined as what an ordinary, reasonable psychotherapist would have done in a similar circumstance. In areas in which recognized standards do not yet exist, DeVine, LPC shall take whatever precautions are necessary to protect your welfare.
· DeVine, LPC shall maintain knowledge of current scientific and professional information related to the services he/they render(s).
· DeVine, LPC shall refer you to another professional and take steps to facilitate an orderly transfer of responsibility when your needs exceed DeVine LPC’s competence level. DeVine, LPC shall notify you promptly of the need to refer and seek the referral and transfer of services in relation to your needs and preferences.
· DeVine, LPC shall inform you in writing of:
o The purpose of the services being provided.
o Risks and limits related to the services that are known to DEVINE, LPC.
o Reasonable alternatives to the services being provided.
o Relevant costs, billing and overdue collection policies and the potential effect on the continuation of the professional relationship.
o Your right to refuse or withdraw consent, and the time frame covered by the consent.
o Other information DeVine, LPC reasonably might expect to affect your decisions to enter into or continue the professional relationship.
· DeVine, LPC shall use clear and understandable language when providing information to you.
· DeVine, LPC shall provide services to you only in the context of a professional relationship based on valid informed consent.
· In instances when you are unable to read or understand the informed consent document or have trouble understanding the primary language contained in the informed consent document, DeVine, LPC shall take steps to ensure your comprehension including providing a detailed verbal explanation or arranging for a qualified interpreter or translator, as needed. If you are not competent to provide informed consent because of age or mental condition, DEVINE, LPC shall obtain consent from your parent, guardian, court-appointed representative or the holder of your power of attorney.
· When you are receiving legally-mandated services, DeVine LPC shall provide information about the nature and extent of the services and about your rights to you, your parent, your guardian, your court-appointed representative, or the holder of your power of attorney, as applicable.
· If DeVine, LPC provides services by electronic means, they/he shall inform you of the reasonably foreseeable limitations and risks associated with those services.
· DEVINE, LPC may not delegate professional responsibilities to another person when they/he know(s) or has reason to know that the other person is not qualified by training, experience or licensure to perform those responsibilities.
· DeVine, LPC has a primary obligation to protect your right to confidentiality and privacy as established by law and professional standards of practice. Confidential and private information shall only be revealed to others when you, or your parent, guardian, court-appointed representative or the holder of your power of attorney, has given informed consent, except in those circumstances in which failure to do so would violate a court order or specific Federal or State privacy statutes or regulations, or result in clear and present danger to you or others. Unless specifically contraindicated by such situations, you shall be informed and written consent shall be obtained before the confidential and private information is revealed.
· DeVine, LPC shall discuss with you and/or your parent, guardian, court-appointed representative or the holder of your power of attorney, the nature of confidentiality and the limitation of your right to confidentiality. DeVine, LPC shall review with you circumstances when confidential information may be requested and when disclosure of confidential information is legally required. This discussion shall occur as soon as possible in the professional relationship and as needed throughout the course of the relationship.
· When DeVine, LPC provides services to families, couples or groups, they/he shall seek agreement among the parties involved concerning each individual’s right to confidentiality and obligations to preserve the confidentiality of information shared by others. DeVine, LPC shall inform participants in family, group or couples counseling that they/he cannot guarantee that all participants will honor the agreements. In the context of couple, family or group treatment, DEVINE, LPC may not reveal any individual’s confidences to others in the client unit without the prior written permission of that individual.
· DeVine, LPC shall take reasonable steps to protect the confidentiality of information transmitted to other parties through the use of computers, electronic mail, facsimile machines, telephones and telephone answering machines, and other electronic or computer technology (see HIPAA).
· DeVine, LPC may terminate services only after giving careful consideration to factors affecting the professional relationship and making an effort to minimize possible adverse effects. If an interruption or termination of services is anticipated, notification and referral for continued services shall be provided to you.
· DeVine, LPC may terminate services to a client/patient who has not paid an overdue fee balance if the following conditions are met:
o The financial contractual arrangements have been made clear to you.
o You do not pose an imminent danger to self or others.
o The clinical and other consequences of the current nonpayment have been addressed and discussed with you.
· DeVine, LPC shall comply with existing Federal and State antidiscrimination laws and may not practice, condone, facilitate or collaborate with any form of discrimination prohibited by those laws.
· DeVine, LPC may not physically or verbally abuse or threaten you or your family members.
· DeVine, LPC may not use derogatory language in their written or verbal communications to or about you. He/they shall use accurate and respectful language in communications to and about you.
The provisions of this § 49.72 adopted September 17, 2010, effective September 18, 2010, 40 Pa.B. 5320.