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The confidential nature of the relationship among clients and Wiles & Associates staff is a fundamental social right of the client. It is the ethical and legal responsibility of the staff and organization to maintain confidentiality. Confidentiality limits the disclosure of personal information revealed in the service relationship. Wiles & Associates has an obligation to safeguard the confidentiality of personal information and shall not disclose, in an individually identifiable way, information about a particular person without the person's expressed authorization.

This policy of Wiles & Associates recognizes the rights of individuals to privacy and conforms to the general principles defined by the Federal Privacy Act of 1974, generally accepted social work practice and various professional associations.

Use and disclosure of personal information

All staff of Wiles & Associates are bound by the confidentiality requirements specified in this document. Staff is restricted in their access to information required to carry out their functions within the company on a need to know basis.

Privacy and Confidentiality

We will respect clients' right to privacy and not solicit private information from clients unless it is essential to providing services. Once private information is shared, standards of confidentiality apply. We may disclose confidential information when appropriate with valid consent from a client or a person legally authorized to consent on behalf of a client.

We will protect the confidentiality of all information obtained in the course of professional service, except for compelling professional reasons. The general expectation that we will keep information confidential does not apply when disclosure is necessary to prevent serious, foreseeable, and imminent harm to a client or other identifiable person. In all instances, we will disclose the least amount of confidential information necessary to achieve the desired purpose; only information that is directly relevant to the purpose for which the disclosure is made should be revealed.

We will inform clients, to the extent possible, about the disclosure of confidential information and the potential consequences, when feasible before the disclosure is made. This applies whether we disclose confidential information on the basis of a legal requirement or client consent.

We will discuss with clients and other interested parties the nature of confidentiality and limitations of clients' right to confidentiality. We will review with client's circumstances where confidential information may be requested and where disclosure of confidential information may be legally required. This discussion should occur as soon as possible in the client relationship and as needed throughout the course of the relationship.

When or if we provide counseling services to families, couples, or groups, we will seek agreement among the parties involved concerning each individual's right to confidentiality and obligation to preserve the confidentiality of information shared by others.

We will not discuss confidential information in any setting unless privacy can be ensured. We will not discuss confidential information in public or semipublic areas such as hallways, waiting rooms, elevators, and restaurants.

We will protect the confidentiality of clients during legal proceedings to the extent permitted by law. When/if a court of law or other legally authorized body orders us to disclose confidential or privileged information without a client's consent and such disclosure could cause harm to the client, we will request that the court withdraw the order or limit the order as narrowly as possible or maintain the records under seal, unavailable for public inspection.

We will protect the confidentiality of clients' written and electronic records and other sensitive information. We will take reasonable steps to ensure that clients' records are stored in a secure location and that clients' records are not available to others who are not authorized to have access.

We will take precautions to ensure and maintain the confidentiality of information transmitted to other parties through the use of computers, electronic mail, facsimile machines, telephones and telephone answering machines, and other electronic or computer technology. Disclosure of identifying information should be avoided whenever possible.

We will transfer or dispose of clients' records in a manner that protects clients' confidentiality and is consistent with state, Division of Vocational Rehabilitation statutes & regulations governing consumer/client records and social work licensure.

STANDARDS FOR INFORMED CONSENT

• An absence of coercion and undue influence must exist.
• Client must be capable of providing consent.
• Client must consent to specific procedures.
• The forms of consent must be valid.
• Client must have the right to refuse or withdraw consent.
• Client decisions must be based on adequate information.

CONDITIONS FOR INFORMED CONSENT

Ten Conditions must be met before consent can be considered "informed".

• The client must be told that there is a desire or request to release certain data.
• The client must understand exactly what information is to be disclosed
• In order for the client to know what is to b ereleased, he/she should actually see the material and/or have it read to him/her and explained in terms he/she can understand.
• The client must be told why the information is being released.
• The client must be told why the information is being requested and exactly how it will be used by the receiving party.
• There must be a way for the client to correct or amend the information under discussion to assure its accuracy and completeness before it is released.
• The client must understand whether or not the receiving party has the right to pass the information to a third party. The client must have the right to specify that this not be done without his/her knowledge and written consent.
• The client should be fully informed of any repercussions that might occur should she/he grant permission for the disclosure or not give permission.
• The client should be advised that her/his consent for release of information is time limited and revocable.
• The client's consent for release of information must be in writing on a "Consent for Release of Information" form.

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