Issues discussed in therapy are important and are generally legally protected as both confidential and “privileged.” However, there are limits to the privilege of confidentiality.
These situations include:
- Suspected abuse or neglect of a minor-under the age of 18, elderly person, or a disabled person.
- Sexual activity between minors. Sexual activity with a minor age 15 or younger or someone 5 years older, or sexual activity between a minor and someone over age 18, per Hawaii law.
- When your clinician believes you are in danger of harming yourself or another person or when there is a threat posed to National Security
- If your clinician is ordered by a court to release information as part of a legal case or litigation or court case, etc.
- When your insurance company is involved, e.g. in filing a claim, insurance audits, case review or appeals, etc.
- In natural disasters whereby protected records may become exposed.
- When you have signed a release to allow the release of confidential or privileged information.
- When otherwise required by law.
In the event you disclose to your clinician that you or someone else is abusing a child or is engaging in sexual activity with a minor (see above), your clinician is required to contact the appropriate authorities, and your clinician is required by law to disclose the nature of the abuse.
In the event you disclose to your clinician that you intend to harm yourself or (others), your clinician is required to contact the proper authorities, and your clinician is required by law to disclose the nature of the intent.
A clinical chart is maintained describing your condition, your treatment, progress in treatment, dates & fees for sessions, and notes describing each therapy session. These records are marked confidential and may be shared with your providers at Reis Pediatrics LLC and other entities covered under HIPAA. Your records will not be released without your written consent to other entities except in those situations as outlined in the Confidentiality section above. You may receive a copy of your records if you make a formal written request to your clinician and pay a $50 retrieval fee. Please be advised that it may take up to 30-days to receive your records from the day your request is received. If your clinician determines it would not clinically be in your best interest to receive the complete records, a summary of the notes will be provided instead.
Your clinician will not appear in court for any reason, including custody disputes, unless ordered by the court to do so. Nor will your clinician write any letters to the court for divorce or custody litigation as our role as clinicians does not include recommendations to the court concerning custody or parenting issues. By signing this consent you are indicating you understand that your clinician will not appear in court unless court-ordered to do so or release records for a legal matter without a court order or unless considered ethically appropriate by your clinician to appear in court, with the written consent of the client(s).