Ethics and My Music Therapy Practice

I am in the center of an ethical dilemma that I will have to stand my ground on. It has to do with releasing information about a client to another music therapist in a manner that is not quite clear and feels a bit fishy to me. I am having to go into the AMTA Code of Ethics to justify my stance on this issue.

I've run into this situation before. A music therapist from an outside agency sends me a non-confidential email requesting personal health information (PHI) with the assurance that the therapist "has a release that allows me to talk to you." The problem? I don't have such a release.

My view on this issue is that I don't release information about clients without a copy of a release form that explicitly states that I may do so. Other people seem to see this as a problem. I've stood my ground before and will continue to do so as long as this is an issue.

There is a simple fix for this situation - a release form given to me that states that I may talk to this other therapist. I mean, that therapist had/has a release, why not one for me?

I have both HIPAA and FERPA to contend with in my practice so I think I may be a bit more attuned (AKA paranoid) about this. We just received a series of email directives about steps that we have to take to encrypt any and all emails sent to others that contain PHI. Then, I get a non-encrypted email requesting such information without a release? Seems fishy.

Here's the AMTA Code of Ethics information that I am using to fortify my position.

Enjoy!!

3.12 Confidentiality

3.12.1 The MT protects the confidentiality of information obtained in the course of practice, supervision, teaching, and/or research.

3.12.2 In compliance with federal, state and local regulations and organizational policies and procedures, confidential information may be revealed under circumstances which include but are not limited to:

a. when, under careful deliberation, it is decided that society, the client, or other individuals appear to be in imminent danger. In this situation, information may be shared only with the appropriate authorities, professionals or others. The client is made aware of this when possible and if reasonable.

b. when other professionals within a facility or agency are directly related with the case or situation.

c. when the client consents to the releasing of confidential information.

d. when compelled by a court or administrative order or subpoena, provided such order or subpoena is valid and served in accordance with applicable law.

3.12.3 The MT informs clients of the limits of confidentiality prior to beginning treatment.

3.12.4 The MT disguises the identity of the client in the presentation of case materials for research and teaching. Client or guardian consent is obtained, with full disclosure of the intended use of the material.

3.12.5 All forms of individually identifiable client information, including, but not limited to verbal, written, audio, video and digital will be acquired with the informed client or guardian consent and will be maintained in a confidential manner by the MT. Also, adequate security will be exercised in the preservation and ultimate disposition of these records.

3.12.6 Information obtained in the course of evaluating services, consulting, supervision, peer review, and quality assurance procedures will be kept confidential.

 
Here's the link: http://www.musictherapy.org/about/ethics/


It seems to me, being on this side of the situation, that I can release PHI when (and if) I get a copy of a release form stating that I may do so. I am actually fine with a generic release for all of us to talk to those who will be working with this client later, but I NEED A COPY OF THAT RELEASE FOR MY FILES BEFORE I WILL TALK TO SOMEONE OUTSIDE THE FACILITY!!



There you go. I'm standing firm on this until I have direction.