Privacy

PRIVACY & CONFIDENTIALITY

YOUR PRIVACY IS PROTECTED

Your therapeutic relationship with Smart Counseling is protected by both state and federal law. We are committed to maintaining the highest confidentiality and privacy standards in all aspects of your care.

CONFIDENTIALITY IN THERAPY

What This Means: All information you share during therapy sessions, in communications with our staff, and in your treatment records remains strictly confidential. We cannot and will not disclose this information without your written authorization.

Our Commitment: We will not discuss your case with family members, friends, employers, or other healthcare providers without your explicit written permission.

WHEN WE MAY SHARE INFORMATION

With Your Written Permission

We may share your information when you provide written authorization for:

  • Coordination of care with other healthcare providers

  • Communication with family members or friends involved in your treatment

  • Insurance claims and treatment verification

  • Legal proceedings where you have waived confidentiality

Legal Exceptions to Confidentiality

There are specific situations where California law requires us to break confidentiality without your permission:

Mandated Reporting: We are legally required to report to appropriate authorities:

  • Suspected child abuse or neglect (anyone under 18)

  • Suspected dependent adult abuse (adults with disabilities)

  • Suspected elder abuse (adults 65 and older)

  • Abuse occurring in institutional settings

Duty to Warn and Protect

  • If you make a serious threat of violence against an identifiable person, we must warn that person and notify law enforcement

  • If you threaten serious bodily harm to yourself or others, we will take necessary steps to protect safety

Court Orders and Legal Proceedings

  • When ordered by a court of law

  • In certain legal proceedings where therapy records are subpoenaed

  • When required by other state or federal laws

Safety Concerns

  • If you express intent to harm yourself, we will work with you to develop a safety plan

  • If you are unable or unwilling to cooperate in safety planning and we believe you are at imminent risk, we may:

    • Contact emergency services

    • Notify family members or emergency contacts

    • Recommend hospitalization or other protective measures

MINORS AND CONFIDENTIALITY

For Clients Under 18:

  • Parents/guardians generally have the right to access their minor child's treatment information

  • However, we believe therapy is most effective when minors feel safe to share openly

  • We will discuss confidentiality limits with both minors and parents/guardians at the start of treatment

  • In some situations, California law grants minors the right to confidential treatment

HIPAA PRIVACY RIGHTS

You have specific rights under federal HIPAA laws, including:

  • The right to access your treatment records

  • The right to request amendments to your records

  • The right to an accounting of disclosures

  • The right to request restrictions on how your information is used

For complete details, please see our Notice of Privacy Practices.

COMMUNICATION PRIVACY

Secure Communications:

  • Use our secure patient portal for confidential communications

  • Email and text messages are not secure and should not contain sensitive information

  • Phone messages should be brief and general

Third-Party Platforms:

  • We do not use social media platforms for therapeutic communications

  • Video sessions are conducted through HIPAA-compliant platforms only

EMERGENCY SITUATIONS

In psychiatric emergencies, we may need to:

  • Contact emergency services (911)

  • Notify emergency contacts

  • Share necessary information with emergency responders

  • Coordinate with emergency room staff or crisis teams

We will only share the minimum information necessary to ensure your safety.

RECORD KEEPING

What We Document:

  • Treatment plans and progress notes

  • Assessments and test results

  • Correspondence related to your care

  • Billing and insurance information

How Long We Keep Records:

  • Adult records: Minimum 7 years after last contact

  • Minor records: Until age 25 or 7 years after last contact, whichever is later

  • Records may be kept longer if required by law or if ongoing treatment continues

TECHNOLOGY AND PRIVACY

Electronic Records: Your information is stored in secure, HIPAA-compliant electronic systems with multiple layers of protection.

Telehealth: We use encrypted, HIPAA-compliant video platforms for online sessions. You are responsible for ensuring your location is private during sessions.

QUESTIONS ABOUT PRIVACY

If you have questions or concerns about confidentiality or privacy:

  • Discuss them with your therapist during sessions

  • Contact our Privacy Officer: Lawrence Librando at (951) 816-6372

  • Review our complete Notice of Privacy Practices

CONSENT AND UNDERSTANDING

By beginning treatment with Smart Counseling, you acknowledge that:

  • You have received and understand our privacy policies

  • You understand the limits of confidentiality

  • You consent to treatment under these privacy conditions

This privacy policy is subject to change by state and federal laws. We will notify you of any significant changes.

Last Updated: August 03, 2025