Office of Counseling Services
PRIVACY POLICY
Fitchburg State College understands that information about you and your mental health is personal. The following is the Privacy Policy of the College’s Counseling Services Office.
Certain laws and professional ethical standards require the Counseling Services Office to maintain the privacy and confidentiality of your counseling information, but there are circumstances under which the Counseling Services Office may lawfully share your personal information without your consent. This Policy will tell you about the ways in which the Counseling Services Office may use and disclose personal information about you.
Your Personal Information
The Counseling Services Office creates a record of the care and services you receive. This Policy applies to all of the records of your care generated by the Counseling Services Office, whether made by Counseling Services Office personnel or other health care professionals involved in your treatment. Other professionals may have a different policy regarding the use and disclosure of the personal information that is created in their office.
In general, when the Counseling Services Office releases your personal information, it will release only the information needed to achieve the purpose of the disclosure. All of your personal information, however, will be available for release to you, to another health care provider regarding your treatment, or pursuant to certain legal requirements.
How the Counseling Services Office May Use or Disclose Your Personal Information
Under most circumstances, the Counseling Services Office may not use or disclose your personal information without your consent. Further, once your consent has been obtained, the Counseling Services Office must use or disclose your personal information in accordance with the specific terms of the consent. The following are the circumstances under which the Counseling Services Office is permitted by law to use or disclose your personal information:
I. Uses and Disclosures Without Your Consent
The confidentiality of counseling relationships is maintained in a manner consistent with accepted professional standards and with state and federal law. Under normal circumstances, no persons outside of the Counseling Services Office, including your parents and other college officials, are given any information (even the fact that you have been to the Counseling Services Office) without your prior written consent, except where it is permitted or required by law to disclose the information as follows:
- If the Counseling Services Office believes that YOU MAY BE AT RISK OF HARMING OR KILLING YOURSELF, it is required to take action to try to ensure your safety. Under such circumstances, it may be necessary for the Counseling Services Office to seek hospitalization for you and/or contact family members or other individuals who might also help provide protection.
- If the Counseling Services Office believes that YOU MAY BE AT RISK OF HARMING OR KILLING ANOTHER PERSON OR PERSONS, it is required to take action. In such instances, it may be necessary to warn a potential victim, to notify the campus and /or local police, and/or to seek hospitalization for you.
- If there is SUSPECTED EMOTIONAL, PHYSICAL, AND/OR SEXUAL ABUSE OR NEGLECT OF A MINOR, the Counseling Center is required by law to inform the State Department of Social Services.
- If there is SUSPECTED EMOTIONAL OR PHYSICAL INJURY TO, OR NEGLECT OF A DISABLED PERSON (including nonconsensual sexual activity), the Counseling Services Office is required by law to inform the Disabled Person’s Protection Commission and any other appropriate agencies.
- In instances of SUSPECTED EMOTIONAL OR PHYSICAL INJURY TO, OR NEGLECT OF AN ELDERLY PERSON (including financial exploitation), the Counseling Center is required by law to inform the Department of Elder Affairs.
- IF YOU FILE A COMPLAINT OR LAWSUIT AGAINST THE COUNSELING SERVICES OFFICE OR ONE OF ITS COUNSELORS OR STAFF, the Counseling Services Office may disclose relevant information regarding you in order to defend itself and its personnel.
- In the event of a COURT ORDER OR OTHER MANDATORY LEGAL PROCESS, the Counseling Services Office may be required to release records to the court.
II. Other Uses And Disclosures
Uses and disclosures for purposes other than described above require your consent. For example, the Counseling Services Office must obtain your consent before disclosing your personal information to a life insurer or to an employer, except under those special circumstances when a disclosure is required by law. You have the right to revoke your consent in writing at any time, except to the extent that the Counseling Services Office has already relied on it in making an authorized disclosure.
If you have any questions about confidentiality, please talk with your counselor or contact the Counseling Services Office during office hours.
YOUR RIGHTS TO YOUR PERSONAL INFORMATION
You have the following rights with regard to your personal information. If you wish to exercise any of these rights, please contact the Director of Counseling Services, or the Dean of Student and Academic Life, as appropriate.
1. INSPECT AND COPY YOUR PERSONAL INFORMATION
With a few exceptions, you have the right to inspect and obtain a copy of you personal information. Usually, this includes medical and billing records, but does not include psychotherapy notes or information gathered for judicial proceedings. The Counseling Services Office may charge you a reasonable fee if you want a copy of your personal information.
2. REQUEST TO AMEND YOUR RECORDS
If you believe your personal information is incorrect, you may ask the Counseling Services Office to correct the information for as long as it is kept by the Counseling Services Office. To request an amendment, you must make your request in writing to the Director of Counseling Services and you must give a reason as to why your personal information should be changed. The Counseling Services Office may deny your request for an amendment if: it is not in writing; it does not include a reason to support the request; the Counseling Services Office disagrees with you and believes your existing personal information is correct; the information is not part of the information which you would be permitted to inspect or copy (e.g., psychotherapy notes or testing); the Counseling Services Office did not create the personal information that you believe is incorrect; or, if the information is not kept by or for the Counseling Services Office.
3. AS APPLICABLE, RECEIVE CONFIDENTIAL COMMUNICATION OF PERSONAL INFORMATION
You may ask that the Counseling Services Office communicate your personal information to you in different ways or places. For example, you may wish to receive information about your personal status in a special, private room or through a written letter sent to a private address. The Counseling Services Office will accommodate reasonable requests of this nature.
CHANGES TO THIS POLICY
The Counseling Services Office reserves the right to change the privacy practices described in this Policy, in accordance with the law. If changes to this Policy are made, a revised Policy will be posted at all counseling service delivery sites on campus and will be made available to you at your request. The revised Policy will also be posted on the College’s website.
QUESTIONS
If you have any questions or concerns regarding the privacy of your personal records or the information in this Policy, please contact the Director of Counseling Services for further information.
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