Confidentiality

Counseling Services, Confidentiality and Rights & Responsibilities
Alcohol and Drug Resource Center
Texas State University-San Marcos

Introduction

Individual Counseling

Scheduling

Confidentiality & Records

Exceptions to Confidentiality

Student Rights

Student Responsibilities

Counselor Rights/Responsibilities

Individual counseling, assessment and referral services are provided free of charge to currently enrolled Texas State students. All enrolled students are eligible to receive these services, in times of heavy demand, priority will be given to students enrolled at least halftime or more. Center staff will work with the student to determine which of the following services are appropriate.

Individual Counseling

Students meet individually with a counselor to discuss their concerns about their behavior and/or the behaviors of others which are of concern to them. The Center does not have a session limit for students, however, when it is agreed upon by counselor and student, appointments may be scheduled less frequently. If it is determined that your situation requires counseling beyond the scope or capability of the Alcohol and Drug Resource Center, you will be referred to an outside agency or practitioner for services. You are responsible for any expenses you incur for services you receive from outside agencies or practitioners.

Group Counseling

Many students find group counseling to be an effective means of help. Students with common concerns meet as a group with one or more counselors to explore a specific topic. Session limits for participation in group counseling will be determined by group leaders. Students will also be informed of 12-step programs (i.e., A.A., N.A., Al-Anon) that may be meeting on campus or in the community.

Scheduling

For your first appointment at the Alcohol and Drug Center, you will need to make an appointment. This appointment will help the counselor determine how the Center can best serve your needs. This may include scheduling you for further appointments and/or making the appropriate referrals to groups or to outside sources.
Counseling sessions are typically scheduled for 50 minutes. Students who require special accommodations due to a disability should notify the Center 48 hours prior to their counseling session. Due to the heavy demand for services, we request that you cancel an appointment 24 hours in advance so that we may utilize the appointment slot.

Confidentiality & Records

Federal and state regulations require that you receive an explanation of your privacy rights and how the confidentiality of your information will be protected and maintained. All aspects of your participation in counseling at the Alcohol and Drug Resource Center, including scheduling of appointments, content of counseling sessions, all contents of counseling records, and outcomes of counseling, are confidential by federal and state law. A confidential record of the counseling services provided to you will be maintained by the Alcohol and Drug Resource Center, as required by state law. Only the specific individual may have access to his or her file. If you participate in group counseling, independent notes are kept for each individual in a common group file, and all confidential policies apply independently to the notes for each individual. You may have access only to your independent notes.
No one other than your counselor will have access to your information. If the need arises to consult with another counselor, i.e. in the Counseling Center, your authorization will be required. No support staff have access to your information. No record of counseling is made on an academic transcript or job placement file. Ownership of all physical records is retained by the Alcohol and Drug Resource Center. At this time counseling records are retained for ten years after service is terminated. No information may be released to anyone without your written permission, with the following exceptions.

Exceptions to Confidentiality

Texas law requires that counselors who learn of or have strong suspicions of child abuse or neglect report this information to Child Protective Services or to law enforcement personnel. This pertains specifically to knowledge of: child abuse or neglect to a client who is under 18 years of age; any child under 18 years of age suspected of being at risk of abuse or neglect; or abuse or neglect by a client toward a person who is under 18 years of age. Such disclosures in counseling of child abuse or neglect according to the criteria mentioned above will be reported by your counselor and are not protected by confidentiality.
Texas law required abuse or neglect of elderly or disabled persons to be reported to the proper authorities.
Texas law requires a counselor to report client abuse or sexual exploitation by a previous therapist to the appropriate county district attorney and licensing board. Client anonymity will be preserved if requested.
A court-ordered subpoena can require the release of records kept at the Alcohol and Drug Resource Center or require a counselor to give testimony at a court hearing.
If a counselor assesses that you pose an imminent danger to yourself or others, the counselor is required to do what is necessary to protect life within the limits of the law. Appropriate university officials and staff (e.g., University Police, Vice President for Student Affairs, Residence Hall Director, etc.) who bear responsibility or may incur liability for the welfare of Texas State students may be notified about the student’s situation. Only university officials and staff who have a “need to know” to protect the safety of students will be given this information.

Rights and Responsibilities

Student Rights

In addition to confidentiality, clients of the Alcohol and Drug Resource Center have certain rights which include the right to:

inquire about the professional credentials and experience of your counselor.
ask questions about any procedures used in counseling, including your counselor's usual techniques and philosophy of counseling.
refuse a particular treatment method or psychological testing. If your counselor feels that these are essential to your counseling, the issue must be resolved to your mutual satisfaction.
have any psychological test results interpreted and discussed with you.
ask your counselor to discuss your progress and future counseling plans with you during any session.
discuss with your counselor any concerns or dissatisfactions you have about your counseling experience.
request referral to another counselor or an outside agency if you wish to obtain an additional opinion or believe you would work better with another person. You need to discuss this with your counselor if it is an issue with you.
terminate counseling at any time. Termination is an important part of counseling, and it will be helpful for you to discuss with your counselor your reasons for terminating.
be treated with respect and consideration and to have your counselor convey this respect by keeping your appointments or letting you know ahead of time if a schedule change is necessary; by giving you her complete attention during sessions; and by providing you with the most effective counseling she can.
report a complaint to the Director of the Counseling Center if you believe your counselor has violated your rights or has behaved unethically.
be informed about how your health information may be used and legally disclosed outside the Alcohol and Drug Resource Center.
be free of being the object of discrimination on the basis of age, gender, race, religion, sexual orientation, disability, socioeconomic status, or other protected categories while receiving psychological services.
receive notice of authorized or legally required disclosure of your health information outside the Alchol and Drug Resource Center.
request restrictions on the use and disclosure of your health information that is used for providing services to you.
inspect your counseling records in accord with Texas law, and to request an amendment to your record when you believe a record to be in error.
file a complaint if you believe your privacy, according to federal and state laws, has been violated.

Student Responsibilities

You also have certain responsibilities which include the responsibility of:

taking an active role in the counseling process by openly and honestly sharing your thoughts, feelings, and concerns, including your feelings about counseling and your counselor. It may also involve outside work such as completing therapeutic assignments or reflecting upon issues discussed during your last session.
keeping your appointments or calling in advance to cancel and/or reschedule an appointment.
maintaining the confidentiality of other students utilizing Alcohol and Drug Resource Center services.

Counselor Rights/Responsibilities

Your counselor may exercise certain rights in the course of the counseling process. These include:

the right to seek consultation with other professionals regarding your case.
the right to terminate or fefer to another counselor or agency. If a counselor feels his/her services may not be appropriate for you, he/she may, after discussing these concerns with you, terminate therapy and/or refer you to a more appropriate individual or agency.
the right to expect your active involvement and cooperation in the counseling process.
the right to condition the provision of services on the student's willingness to consent to legal and appropriate disclosure of health information for the purpose of providing effective treatment.
the right to deny a requst for a counseling record amendment if the counselor is not the originator of the information or if the information is accurate and complete.
the responsibility to uphold all student rights listed above.