Middle Way Professional Counseling, LLC

Privacy Policy

1. Middle Way Professional Counseling, LLC (“MWPC”), recognizing the potential for harm, shall not share information obtained through the counseling process without specific written consent from the client or legal guardian, except to prevent clear, imminent danger to the client or others, or when required to do so by a court order.

2. MWPC shall respect the client's privacy and solicit only information that contributes to the identified counseling goals.

3. MWPC shall keep accurate records of supervision goals and progress and consider all information gained in supervision as confidential, except to prevent clear, imminent danger to the client or others, or when legally required to do so by a court or government agency order. In cases in which the supervisor receives a court or government agency order requiring the production of supervision records, MWPC shall make reasonable attempts to promptly notify the supervisee. In cases where the supervisee is a student of a counselor education program, the supervisor shall release supervision records consistent with the terms of the arrangement with the counselor education program.

4. MWPC, in the course of seeking consultation with a third party, shall protect the client's confidentiality and unnecessary invasion of privacy by providing only the information relevant to the consultation and in a manner that protects the client’s identity.

5. MWPC shall not use social media sources (e.g., updates, tweets, blogs, etc.) to provide confidential information regarding client cases that have not been consented to by the client. MWPC shall advise clients about the potential risks of sending messages through digital technology and social media sources.

6. MWPC will use digital technology (e.g., social media) for professional purposes only and shall limit information posted to that which does not threaten client confidentiality.

7. MWPC shall accurately note in the client's or supervisee's record all information necessary for the provision of quality services or as required by laws, regulations, or institutional procedures.

8. MWPC shall document consultation in the client's records when seeking case consultation services from another professional.

9. MWPC shall include all electronic communications exchanged with the clients or supervisee, including those through digital technology and social media methods, as part of the record, even when strictly related to clerical issues such as change of contact information or scheduling appointments. All electronic therapeutic communication methods shall use encryption and password security.

10. MWPC shall enable all prospective, active, or discharged clients to opt out of any form of communication at any time by submitting an updated online consent form for communication or by verbal, email, or text request.

11. MWPC shall not share or sell any contact information to third parties for marketing purposes.

12. MWPC shall retain client records for a minimum of five years unless state or federal laws require additional time. After the required retention period, MWPC shall dispose of records in a manner that protects client confidentiality.

13. MWPC shall protect against unauthorized access to confidential information. This includes data contained in electronic formats. MWPC shall require any subordinates to maintain the privacy and confidentiality of all protected health information to which they have physical or electronic access.

14. MWPC shall make all reasonable efforts to inform clients and former clients before the court-ordered release of confidential client information. In the event that the client seeks to prevent the release, MWPC shall request that a court withdraw any order to release confidential information due to the potential harm to the client or the counseling relationship. When ordered to disclose confidential client information by a court or government agency, MWPC shall release only the required information. Any release of information shall be appropriately documented in accordance with the practice setting.

15. MWPC, when conducting counseling with more than one client at a time (e.g., group or family therapy), shall discuss with clients the nature, the rights and responsibilities, as well as the possible additional limitations of confidentiality. MWPC shall also describe the steps that they will take in the event that having multiple clients in session creates issues between or concerning clients.

16. MWPC shall review with the client the importance of developing clear agreements to avoid client confusion and conflict should it learn that a client is receiving additional mental health services from other professionals. Following this discussion, MWPC shall request the client’s written consent to inform the other professional(s) of the counseling relationship and to collaborate on the provision of mental health services. This conversation and the client’s response to this request shall be documented in the client’s record.

17. MWPC shall inform the client of the purposes, goals, procedures, limitations, potential risks, and benefits of services and techniques either before or during the initial session. MWPC shall also provide information about clients’ rights and responsibilities, including billing arrangements, collection procedures in the event of nonpayment, confidentiality and its limitations, records, and service termination policies as appropriate to the counseling setting. This professional information shall be provided to the client in verbal and written forms (i.e., the counseling services agreement). MWPC shall have a reasonable basis for believing that the information provided is understood. MWPC shall document any client concerns related to the information provided in the client’s record.

18. MWPC shall respond to client requests for access to or copies of records within a practical timeframe. Additionally, MWPC shall provide an opportunity for the client to discuss the content of the record. If there is a reasonable basis to believe that providing such access will cause harm, MWPC shall discuss the request and possible effects; however, the information ultimately belongs to the client and thus must be released. Records requests and any discussions regarding the provision shall be documented in the client’s record.

19. MWPC shall obtain the client's consent before providing services. In private practice or other similar situations, this consent shall be documented in writing in a counseling services agreement. This counseling services agreement shall become part of the client's record.

20. MWPC shall update the client’s record throughout the counseling relationship when changes occur in the treatment plan, including those relating to goals, roles, and techniques. MWPC shall obtain the client’s written approval for such updates.

21. MWPC shall designate in writing the primary client in the record. MWPC shall also identify in the record individuals who are receiving related professional services in connection with such client relationships. In the event of working with minors or individuals who are unable to give informed consent, MWPC shall discuss relevant considerations regarding the preferences of the individuals receiving services and the legal guardian’s rights and obligations. This information shall become part of the client’s record.