Confidentiality
is an ethical standard that protects clients from disclosure of information without their
consent. Client contacts with the Counseling Center are confidential. We
will not answer questions about clients from friends, partners, faculty, parents,
employers or anyone else outside of the Counseling Center staff. However, information may
be disclosed to University professional staff on a strict need-to-know basis.
The Counseling Center will release information
from counseling sessions to outside parties only at the request of the client. The "Authorization
to Release Professional Information" form signed by the client and a
witness, will be used for that purpose. The client must provide informed consent and
therefore his/her counselor will discuss, prior to release, the information to be
released, to whom, and for what purposes. The client will also be advised about the
possible effect of disclosure.
There are two exceptions to the confidentiality policy: (1)
when a client poses a clear and present danger of harm to himself/herself or
others, all parties must be informed and (2) we are required by Alabama
law to immediately report to the Department of Human Services when we
have reasonable cause to suspect that a child (a person under 18 years of age ) has been
subjected to abuse, sexual abuse, or neglect.
The Family Educational Rights and Privacy Act of 1974
(Buckley Amendment) states that the student counseling progress notes maintained by
counselors are not classified as "education records". Client notes do not become
part of any "permanent record" at JSU. All client progress
notes are, therefore, destroyed seven years after clients terminate contact with the
center.
According to Alabama state law, the
counselor-client relationship does not have privileged communication; clients can have
their confidential communications disclosed in court without their permissions. Should an
attempt be made to subpoena counseling records, we will consult our legal counsel before
taking any action. The client will be notified in advance, if at all possible, of any
compliance with a court order.
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