Friday, March 20, 2009

Are You As Smart As A Substance Abuse Professional? - Confidentiality

Question: A client was seen two weeks ago for a substance abuse evaluation, met the criteria for alcohol dependence and was admitted to outpatient treatment. His minister called the agency and asked to speak to John Doe's counselor. When the counselor answered the phone he introduced himself and said that John Doe was still drinking heavily, had beat his wife up last night, and the wife had come to the pastor for help. The pastor wants to know John's diagnosis and treatment plan and what advice he should give the wife. The counselor has no release from John to talk with the pastor and so should say:

A: I don't know any John Doe and I can't help you.

B: I'm sorry to hear this, let me give you the number for the domestic violence services.

C: John has been admitted to our program and he comes for treatment three times per week. I am scheduled to see him today and I will talk with him about your call and ask him to sign a consent for the release of information.

D: Based on confidentiality requirements I am not at liberty to disclose whether John is a client here or not. I suggest that you contact John and ask him whether he is a client here or not and if he states that he is, ask him to sign a consent for the release of information so that a staff member here can discuss his situation with you.

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This is article #27 in a series on Are You As Smart As A Substance Abuse Professional?

1 comment:

David G. Markham said...

The correct answer is D: Based on confidentiality requirements I am not at liberty to disclose whether John is a client here or not. I suggest that you contact John and ask him whether he is a client here or not and if he states that he is, ask him to sign a consent for the release of information so that a staff member here can discuss his situation with.

Rationale - First, under CFR 42 (Code Of Federal Regulations) no information, even admission to a substance abuse program, can be disclosed without the patient's written consent. Secondly, there is no way to verify if the person calling is who he says he is.