can a therapist report patient drug use in kansas

Will my therapist report me for my drug use? No, this is unlikely. If you’re simply discussing your personal drug use, that information should be protected under therapist confidentiality laws and also under HIPAA, the Health Information Portability and Information Act.

Full Answer

Who licenses substance abuse counselors in Kansas?

The government of the state of Kansas licenses treatment providers and substance abuse counselors.

Can a therapist report drug use to the police?

In those states, a therapist is required to alert the authorities, potential victim (s), or both, in cases where there is reasonable suspicion that a client intends to harm themselves or someone else. In this case, a therapist could report your drug use if they thought your intent was suicide.

Can a therapist be forced to report a patient who threatens someone?

A therapist may be forced to report information disclosed by the patient if a patient reveals their intent to harm someone else. However, this is not as simple as a patient saying simply they “would like to kill someone,” according to Jessica Nicolosi, a clinical psychologist in Rockland County, New York.

When does a therapist have to report a client?

“If a therapist is aware or believes that someone is going to do something like that, they will need to report. This would also extend to secondary reporting in the case of a client [saying] they are aware that someone else is planning something.”

Can a therapist report you for drug use?

It can get a little grey and fuzzy, but simply seeking therapy for your own drug use should be safe. Laws may vary from state to state, but in general, your therapist must report you to authorities if you: Say you're going to harm someone or yourself. Reveal past or present abuse involving children.

Is drug use confidential in therapy?

Talking about drug use alone in therapy, legal or illegal use, remains confidential. However, it's important that laws vary by state. There are ways to get clarification from your therapist without disclosing information. And if you doubt your therapist, it's probably a good indicator you need to find a new therapist.

Does a therapist have to report a crime?

Some people wonder if therapists have to report crimes, and the answer is a bit complex. They are legally required to tell the police or the potential victim if they believe a patient may hurt someone else. A psychologist is not required to report past crimes in most cases though.

Can you disclose illegal activity with your therapist?

Although therapists are bound to secrecy about past crimes, there is a fine line as to whether or not therapists must keep present or future crime secret. If you are actively engaged in crime or plan to commit a crime that you disclose to your therapist or counselor, they may need to report that to the police.

Can I tell my therapist about alcohol use?

In a mental health program, such as an outpatient clinic, therapists are more likely to ask about your present and past drug and alcohol use, but they don't usually follow up with drug and alcohol tests, so if you dont feel like sharing the information, they, too, wont know the truth.

Are therapists allowed to tell parents?

Not necessarily. California Civil Code section 56.1007 allows for therapists to disclose confidential information to parents involved in the minor's care if the minor 1) is made aware and agrees; and 2) the minor was given the opportunity to object, but the minor does not.

What can you not tell a therapist?

With that said, we're outlining some common phrases that therapists tend to hear from their clients and why they might hinder your progress.“I feel like I'm talking too much.” ... “I'm the worst. ... “I'm sorry for my emotions.” ... “I always just talk about myself.” ... “I can't believe I told you that!” ... “Therapy won't work for me.”

What a therapist should not do?

Curious about what a therapist should not do?Skip building trust or rapport. ... Lack empathy. ... Act unprofessionally. ... Be judgmental or critical. ... Do anything other than practice therapy. ... Lack confidence. ... Talk too much or not at all. ... Give unsolicited advice.More items...•

Can therapist tell anyone?

Psychologists generally can't contact anyone else without your written consent. If you have specific concerns about confidentiality or what information a psychologist is legally required to disclose, discuss it with your psychologist. He or she will be happy to help you understand your rights.

What can your therapist report?

Therapists are required by law to disclose information to protect a client or a specific individual identified by the client from “serious and foreseeable harm.” That can include specific threats, disclosure of child abuse where a child is still in danger, or concerns about elder abuse.

What happens if a therapist breaks confidentiality?

For licensed mental health professionals, confidentiality is protected by state laws and the Health Insurance Portability and Accountability Act (HIPAA). Therapists who break confidentiality can get in trouble with state licensing boards. They can also be sued by their clients in some cases.

How honest can you be with a therapist?

Therapists & counsellors expect trust in the sense that both parties understand and are committed to spend every session building it. The most critical component of trust is honesty, so consider being upfront about the fact that you do not trust a therapist 100% with certain information to be good practice at honesty.

When is a therapist required to alert the authorities?

In those states, a therapist is required to alert the authorities, potential victim (s), or both, in cases where there is reasonable suspicion that a client intends to harm themselves or s. Continue Reading.

Who is required to report child abuse?

In the United States, most licensed mental health professionals, teachers, doctors, nurses, etc. are mandated reporters who are required to report if someone is a danger to themselves or others. In most states, they are required to report suspected cases of child abuse.

Can a therapist report a drug use?

In this case, a therapist could report your drug use if they thought your intent was suicide. In Florida, where I practice, a therapist is allowed (but not required) to break confidentiality in a duty to warm situation. Other than these two exceptions, confidentiality sacred. David McPhee.

Can a therapist disclose information?

Some of these laws vary by location, but most include that therapists may not disclose information except when it may involve the health and welfare of you or someone else. These exceptions may include if you confess to abuse of a child, or if you are contemplating committing mass murder or suicide.

Do therapists have to report illegal drugs?

This is a complex and nuanced area, but if you are simply using illegal drugs and are not a danger to self or others, there’s no obligation to report. Therapists cover the scope of confidentiality, normally in writing and verbally before you start.

Can you watch Joe with a drug history?

Having a recent drug history might start someone watching Joe , but no one could do anything about prior drug use. Second, your therapist has a very special relationship with you, not only because of the therapist's professional ethics, but through specific laws.

Is drug use confidential?

Your drug use -and everything else you tell us is confidential, with 3 exceptions: If you disclose child or elder abuse. If you are in danger of hurting yourself. If you are in danger of harming an identified other. (or if you give us written permission to release information about you)

Acute Detoxification Treatment

Provides care to individuals whose withdrawal signs and symptoms are sufficiently severe to require primary medical and nursing care services. In this modality of treatment, 24-hour observation, monitoring and counseling services are available.

Addiction Counselor Licensing Requirements in Kansas

Licenses individuals to perform alcohol and drug abuse counseling. The agency responsible for certification and licensing is the Kansas Behavioral Sciences Regulatory Board. The government of the state of Kansas licenses treatment providers and substance abuse counselors.

Case Management Services

Assists individuals to become self-sufficient through an array of services which assess, plan, implement, coordinate, monitor and evaluate the options and services to meet an individual’s needs, using communication and available resources to promote quality, cost effective outcomes.

Crisis Intervention

Services can be provided to individuals being served in outpatient and intensive outpatient services in their facility. Facilities providing those services must be client accessible on a 24/7 basis with a licensed addiction counselor or a licensed clinical addiction counselor trained in crisis management /intervention skills.

Inpatient Treatment

Delivered in an acute care inpatient setting. This modality of care is appropriate for those individuals whose acute biomedical, emotional, behavioral and cognitive problems are so severe they require primary medical and nursing care. This program encompasses a planned regimen of 24-hour medically directed evaluation and treatment services.

Intensive Outpatient Treatment

Provided any time during the day or week and provides essential education and counseling services while allowing the individual to apply their newly acquired skills outside of treatment. The program has the capacity to arrange for referral to any auxiliary service and has active affiliations with other modalities of care.

Intermediate Treatment

Provides a regimen of structured services in a 24-hour residential setting. They are housed in or affiliated with permanent facilities where individuals can reside safely.

What is confidentiality?

Confidentiality simply means that what is discussed during therapy is not be revealed to others outside of therapy. This includes not disclosing the fact someone is coming to therapy or not.

Limits to confidentiality

In California, there are generally five instances where a therapist will break confidentiality:

Should you disclose your drug use to your therapist?

Yes. Your current and past drug use is critical for your therapist to accurately assess your situation and to create an appropriate treatment plan for your time together.

Conclusion

Therapists are interested in being your ally, and are trained not to take an investigator role in areas of reporting. And, in general, therapists don’t look forward to situations where they need to break confidentiality.

Q. Which professionals does the Board regulate?

A.

Q. Who should file a complaint?

A. Anyone who believes that a licensee or applicant of the Board has or is engaging in unprofessional conduct related to his or her professional responsibilities or license, should file a complaint with the Board.

Q. How do I file a complaint?

A. All complaints must first be submitted to the Board in writing. Therefore, the first step to filing a complaint is obtaining and completing the Report of Alleged Violation form. You can obtain the RAV form by contacting the Board office at (785) 296-3240, or you can download the form from this site.

Q. I don't want to wait to fill out the complaint form. Can't I just tell you over the phone or e-mail you? Can I fax the complaint form?

A. All complaints must be in writing and on our complaint form. Please mail the complaint form to the Board so that it includes the original signature pages to the following address:

Q. Does the Board need my confidential records to investigate my complaint?

A. Sometimes. A Release of Information Authorization/Waiver of Confidentiality form is included with the RAV form and should be completed for each therapist, mental health center, and/or for any other entity such as an employer or hospital.

Q. What happens after I send my complaint to the Board?

A. When the Behavioral Sciences Regulatory Board receives a completed Report of Alleged Violation, an initial determination is made as to whether to proceed with opening the case for investigation.

Q. How long does the process take?

A. The length of the process and investigation varies greatly depending on the complexity of the case and the regulations involved. On average it takes 4-6 months.

What happens if a therapist fails to take reasonable steps to protect the intended victim from harm?

“If a therapist fails to take reasonable steps to protect the intended victim from harm, he or she may be liable to the intended victim or his family if the patient acts on the threat ,” Reischer said.

Should clients withhold anything from their therapist?

“Clients should not withhold anything from their therapist, because the therapist is only obligated to report situations in which they feel that another individual, whether it be the client or someone else, is at risk,” said Sophia Reed, a nationally certified counselor and transformation coach.

Can a therapist report a patient's intent to harm someone else?

A therapist may be forced to report information disclosed by the patient if a patient reveals their intent to harm someone else. However, this is not as simple as a patient saying simply they “would like to kill someone,” according to Jessica Nicolosi, a clinical psychologist in Rockland County, New York. There has to be intent plus a specific identifiable party who may be threatened.

Do therapists have to disclose information in court?

For instance, Reed noted that even if a wife is cheating on her husband and they are going through a divorce, the therapist has no legal obligation whatsoever to disclose that information in court. The last thing a therapist wants to do is defy their patient’s trust.

Do you have to report child abuse to a therapist?

“If a client experienced child abuse but is now 18 years of age then the therapist is not required to make a child abuse report, unless the abuser is currently abusing other minors,” Mayo said.

What to do if you know you have a substance use problem?

If you know you have a substance use problem, it’s time to talk to your doctor, even if the drug (s) you’re using are illegal. The point of talking to your doctor is to seek and obtain the kind of treatment that will help you stop abusing drugs and end your addiction. Your doctor can help you find the right treatment.

What is the biggest fear people face when just thinking about admitting substance use to their doctor?

The biggest fear people face when just thinking about admitting substance use to their doctor is consequences. Discomfort grows when a person is using an illegal substance. The biggest fear is being reported to the authorities. Thanks to doctor-patient confidentiality, this fear is often only as big as you make it.

Can drug use affect insurance?

Those records can then be submitted to your insurance agency, and they can then use those records to increase premiums, deny payment, or deny coverage for certain conditions and/or procedures. It is possible that admitting to drug use could affect future coverage when most needed.

Do doctors report injuries?

Harm Must be Reported: By law and ethics, a doctor must report severe bodily injury. For example, if a doctor were to fail to report a bullet or gunshot wound, a powder burn, or other injury resulting from the discharge of a gun or firearm, they risk a Class A misdemeanor.

Can a doctor discuss drug use?

A doctor cannot discuss the information you share in confidence, and if they do, you can take legal recourse, even when admitting something like heroin or cocaine use. If you choose to talk to your doctor about illegal substance use, you can, in most cases, rest assured that your conversation will remain confidential.

What are the fears of rehab?

A big fear for people who are entering rehab is what other people will think. By seeking help for their problem they may worry that this is going to damage their public or business reputation. It is understandable that the individual does not want their personal difficulties becoming the subject of gossip. This is why a quality rehab will always pay strict attention to keeping client information confidential. Those people who do not wish to for their attendance at rehab to become public knowledge will be able to keep such information private. It is even possible for them to use a pseudonym during their stay to further ensure privacy.

What is the relationship between a therapist and a client?

The relationship between a therapist and a client is a special one. It involves sharing information that the client would probably not normally divulge to anyone else. Such personal revelations put the client in a vulnerable position. They need to be confident that that the therapist will keep such information private.

Is a therapist legally obliged to protect information?

While the therapist will be professionally and legally obliged to protect any information the same will not be true for other members of the group. There are plenty of personal stories shared during these sessions and some of this could be potentially harmful to the individual if it were to become public knowledge.

Do therapists remind groups of their obligations?

The therapist will frequently remind the group of their obligations in this regard. Most will be happy to respect this as they have also likely divulged information that they would prefer to be kept private. It is surprisingly rare that such information ever leaves the group.

Can a therapist share confidential information with a client?

This means that they are not allowed to even share this information with the loved ones of the client without permission. The situation does become more complicated where the client is underage though. Legal guardians may have a right to know what has gone on in the therapy sessions. This is changing. In many states in the US a child is treated similarly to adults in regards to client confidentially. If an employer is paying for therapy sessions it does not mean that they will have the right to information about what goes on.