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Terms and Policy

Informed Consent
General Information: The Mental Health Licensing Section of the Division of Registrations regulates licensed or registered persons in the field of psychotherapy. The Board of Registered Psychotherapist Examiners can be reached at 1560 Broadway, Suite 1350, and Denver, Colorado 80202, (303) 894-7800. As to the regulatory requirements applicable to mental health professionals:

12-43-201. Definitions. As used in this article 43, unless the context otherwise requires:

"Board" includes the state board of psychologist examiners, the state board of social work examiners, the state board of licensed professional counselor examiners, the state board of marriage and family therapist examiners, the state board of registered psychotherapists, and the state board of addiction counselor examiners.

"Certificate holder" means an addiction counselor certified pursuant to this article.

"Certified addiction counselor" means a person who is an addiction counselor

certified pursuant to this article.

"Dementia diseases and related disabilities" has the same meaning set forth in section 25-1-502 (2.5).

"Director" means the director of the division of professions and occupations in the department of regulatory agencies.

"Division" means the division of professions and occupations in the department of regulatory agencies.

"Licensed addiction counselor" means a person who is an addiction counselor licensed pursuant to this article.

"Licensed professional counselor" means a person who is a professional counselor licensed pursuant to this article.

"Licensed social worker" means a person who:

Is a licensed social worker or licensed clinical social worker; and is licensed pursuant to this article.

"Licensee" means a psychologist, social worker, clinical social worker, marriage and family therapist, licensed professional counselor, or addiction counselor licensed pursuant to this article.

"Marriage and family therapist" means a person who is a marriage and family therapist licensed pursuant to this article.

"Professional relationship" means an interaction that is deliberately planned or directed, or both, by the licensee, registrant, or certificate holder toward obtaining specific objectives.

"Provisional license" means a license or certification issued pursuant to section 12-43-206.5.

"Provisional licensee" means a person who holds a provisional license pursuant to section 12-43-206.5.

Mental Health Practice Act 4 of 74 2018

"Psychologist" means a person who is a psychologist licensed pursuant to this article.

"Psychotherapy" means the treatment, diagnosis, testing, assessment, or counseling in a professional relationship to help individuals or groups alleviate behavioral and mental health disorders. "Psychotherapy" assists in understanding unconscious or conscious motivation, resolve emotional, relationship, or attitudinal conflicts, or modify behaviors that interfere with effective emotional, social, or intellectual functioning. Psychotherapy follows a planned procedure of intervention that takes place regularly, over a period of time, or in the cases of testing, assessment, and brief psychotherapy, psychotherapy can be a single intervention. As used in this article, the general assembly intends that the definition of psychotherapy be interpreted in its narrowest sense to regulate only those persons who clearly fall within the definition set forth in this subsection (9).

"Registered psychotherapist" means a person:

Whose primary practice is psychotherapy or who holds himself or herself out to the public as being able to practice psychotherapy for compensation; and

Who is registered with the state board of registered psychotherapists pursuant to section 12-43-702.5 to practice psychotherapy in this state.

"Registered psychotherapist" also includes a person who: Is a licensed school psychologist licensed pursuant to section 22-60.5-210 (1)(b), C.R.S.;

Is practicing outside of a school setting; and

Is registered with the state board of registered psychotherapists pursuant to section 12-43-702.5.

"Registrant" means a psychologist candidate, marriage and family therapist candidate, or licensed professional counselor candidate registered pursuant to section 12-43-304 (7), 12-43-504 (5), or 12-43-603 (5), respectively, or a registered psychotherapist.

Generally speaking, the information provided by and to the client during therapy sessions is legally confidential and cannot be released without the client's consent. There are exceptions to this confidentiality, some of which are listed in section 12-43-218 of the Colorado Revised Statutes and the HIPAA Notice of Privacy Rights you were provided as well as other exceptions in Colorado and Federal law. For example, mental health professionals are required to report suspected child abuse to authorities. If a legal exception arises during therapy, if feasible, you will be informed accordingly. The Mental Health Practice Act (C.R.S. 12-43-101, et seq.) is available at http://www.dora.state.co.us/mental-health/Statute.pdf.

In a professional relationship, sexual intimacy is never appropriate and should be reported to the board that licenses, registers, or certifies the licensee, registrant, or certificate holder.

You are entitled to receive information from your therapist about the therapy methods, the techniques used, the duration of your therapy (if known), and the fee structure. You can seek a second opinion from another therapist or terminate treatment at any time.

Counseling is a collaborative process between you and a counselor to work on dissatisfaction in your life and assist you with life goals. For counseling to be most effective, it is essential that you take an active role in the process. I will enter our relationship with optimism about our progress. The client can terminate counseling services at any time. If a client has not had a session after 60 days, then the counseling relationship is considered terminated unless the client and therapist have agreed upon other arrangements.

Philosophy and Approach:   People experience problems, which result in forming beliefs about themselves, which are false, causing negative emotions that impact their choices. During the counseling process, I seek to validate people's experiences while uncovering the truth about their inherent value and worth reframing their problems and discovering solutions to them.  

As a Christian Therapist, I counsel from a Christian worldview and seek to honor Biblical principles in the delivery of counseling services. I adhere to the American Association of Marriage Family Therapists' ethical code and established evidence-based therapeutic models within the field of psychology. No client is ever refused professional services based on race, religion, gender, color, disability, national origin, socio-economic status, or sexual orientation. This policy reflects my deep commitment to client self-determination. I accept that the imposition of therapist values on a client is wrong.  

Confidentiality: As a Counselor in the State of Colorado, I am bound by the Colorado Title 12 Article 43-218 of the Colorado Revised Statutes. In accordance with these rules, information obtained in the counseling session or written form will not be disclosed to any outside person(s) or agency without your written permission except when such disclosure is necessary to "protect you or someone else from imminent harm" or is otherwise legally required and allowed by law (such as abuse of a child, elder, or disabled person or court order). If you are under 18, your parents or legal guardian(s) may have access to your records and authorize release to other parties. Furthermore, if you want your E.A.P. or insurance to pay for all or part of your treatment, I must be able to discuss your diagnosis and treatment with their representative.

Risks: In counseling, major life decisions are sometimes made, including decisions involving separation within families, developing other types of relationships, changing employment settings, and changing lifestyles. The decisions are a legitimate outcome of the counseling experience due to an individual's calling into question many of their beliefs and values. Furthermore, symptoms may be intensified, and the emotional experience may be too intense to deal with at this time. I will be available to discuss any of your assumptions or possible adverse side effects in our work together.

Gottman Method Couples Counseling:  While I have taken training in the Gottman Method Couples Therapy, I want you to know that I am completely independent in providing you with clinical services. I alone am fully responsible for those services. The Gottman Institute or its agents have no responsibility for the services you receive.

Electronic Transmission: I cannot ensure the confidentiality of any form of communication through electronic media. An employer advises you that any email sent to me via a computer in a work-place environment is legally accessible.

Telephone Sessions:  If an ongoing therapeutic relationship is established, it is expected a face-to-face visit would occur. By signing this Disclosure Statement, you accept full responsibility for future face to face visits. Also, you understand that no recording of sessions is ever permitted and is illegal in most cases without consent. You acknowledge that you are not recording, in any manner, your sessions with Peter Marsh.

Records: I am required by law to maintain records of each time we meet or talk on the phone. These records include a brief synopsis of the conversation and any observations or plans for the next meeting. 

If you are involved in divorce or custody litigation, my role as a therapist is not to make recommendations to the court concerning custody or parenting issues. By signing this Disclosure Statement, you agree not to subpoena me to court for testimony or disclosure of treatment information in such litigation; and you agree not to request that I write any reports to the court or your attorney, making recommendations concerning custody. The court can appoint professionals who have no concerning parental responsibilities or parenting time in the family's children's best interests.

A judge can subpoena your records for various reasons, and if this happens, I must comply. I can be called to testify about the contents of the records, and I must comply. I will charge three times the standard hourly rate for any work associated with preparing or testifying in a court due to records being subpoena.  

To file for insurance reimbursement, I have to assign you a diagnosis. If you have any questions about this, please let me know. I will certainly share any information with you that I provide to an insurance provider.

Consultation: Information about you may be discussed in confidence, without revealing your identity, with other counseling professionals for consultation and providing you the best possible service.

Time Parameters: Individual appointments are scheduled for 50-minute segments. Being late for an appointment by 20 minutes or more may require that you reschedule.

Fees and Payments will be collected at the time of service. I currently do not accept insurance but will provide a receipt for services rendered. Fees charged for a 50-minute session is $140; any time over one hour will be billed in 30-minute increments of $70. If there are economic hardships, fees may be waived or reduced depending on your income or circumstance.

Marriage intensives will be scheduled for ten hours at a rate of $2500. A non-refundable deposit of $1000 is due at the time the intensive is scheduled. The balance is due at the first payments.

Cancellation: If you find it necessary to cancel an appointment, please contact me at 719-425-1660 or peter@elevensixcounseling.com at least 24 hours in advance. Cancellations with less than 24 hours advance notice will be charged the full fee. The provider may also terminate counseling if the client has missed three appointments without calling to cancel 24 hours before the scheduled appointment.

Emergencies: If an emergency for which you feel immediate attention is necessary, please contact emergency services (911) immediately or go to your nearest hospital emergency room. I will follow those emergency services with standard counseling.  

Consent: I do hereby seek and consent to participate in the treatment by the counselor named below. I understand that developing a treatment plan with this therapist and regularly reviewing our work toward meeting the treatment goals are in my best interest. I agree to play an active role in this process.  

I understand that no promises have been made to me about the results of treatment or any procedures provided by this therapist. I am aware that I may seek a second opinion from a different counselor or stop my treatment with this therapist at any time.

I understand that any kind of sexual relationship between a therapist and client is completely inappropriate, a violation of the therapist's professional code of ethics, and should be reported to the therapist's licensing board.

I certify that this form, including the statements on the limits of confidentiality, has been fully explained to me, that I have read it or had it read to me, and understand its contents. I certify that I have the legal authority to give consent for the treatment of all minor children included in therapy.

I have read the preceding information, it has also been provided verbally, and I understand my rights as a client or as the client's responsible party.

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Privacy Statement Notice of Privacy Rights
THIS NOTICE CONTAINS INFORMATION CONCERNING HOW CONFIDENTIAL MENTAL HEALTH TREATMENT INFORMATION CONCERNING YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN OBTAIN ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY AND LET US KNOW ANY QUESTIONS THAT YOU MAY HAVE CONCERNING THIS NOTICE.
During the process of providing services to you, Peter Marsh will obtain and use mental health and medical information concerning you that is both confidential and privileged. Ordinarily this confidential information will be used in the manner that is described in this statement, and will not be disclosed without your consent, except for the circumstances described in the Notice.
I. USES AND DISCLOSURES OF PROTECTED INFORMATION
A. General uses and disclosures not requiring the Patient's Consent. PETER MARSH will use and disclose protected health information in the following ways.
1. Treatment. Treatment refers to the provision, coordination, or management of mental health care and related services by one or more health providers. For example, PETER MARSH and staff involved with your care may use your information to plan your course of treatment and consult with other health care professionals or their staff concerning services needed or provided to you.
2. Payment. Payment refers to the activities undertaken by a health care provider to obtain or provide reimbursement for the provision of health care. For example, PETER MARSH and other health care professionals will use information that identifies you, including information concerning your diagnosis, services provided to you, dates of services, and services needed by you, and may disclose such information to insurance companies, to businesses that review bills for health care services and handle claims for payment of health care benefits in order to obtain payment for services. If you are covered by Medicaid, information may be provided to the State of Colorado's Medicaid program, including but not limited to your treatment, condition, diagnosis, and services received.
3. Health Care Operations. Health Care Operations means activities undertaken by health insurance companies, businesses that administer health plans and companies that review bills for health care services in order to process claims for health care benefits. These functions include management and administrative activities. For example, such companies may use your health information in monitoring of service quality, staff training and evaluation, medical reviews, legal services, auditing functions, compliance programs, business planning and accreditation, certification, licensing and credentialing activities.
4. Contacting the Patient. PETER MARSH may contact you to remind you of appointments and to tell you about treatments or other services that might be of benefit to you.
5. Required by Law. PETER MARSH will disclose protected health information when required by law. This includes, but is not limited to: (a) reporting child abuse or neglect to the Department of Human Services or to law enforcement; (b) when court ordered to release information; (c) when there is a legal duty to warn of a threat that a patient has made of imminent physical violence, health care professionals are required to notify the potential victim of such a threat, and report it to law enforcement; (d) when a patient is imminently dangerous to himself/herself or to others, or is gravely disabled, health care professionals may have a duty to hospitalize the patient in order to obtain a 72-hour evaluation of the patient; and (e) when required to report a threat to the national security of the United States.
6. Health Oversight Activities. Your confidential, protected health information may be disclosed to health oversight agencies for oversight activities authorized by law and necessary for the oversight of the health care system, government health care benefit programs, and regulatory programs or determining compliance with program standards.
7. Crimes on the premises or observed by PETER MARSH or personnel. Crimes that are observed by PETER MARSH and staff that are directed toward staff, or occur on the premises will be reported to law enforcement.
8. Business Associates. Confidential health care information concerning you, provided to insurers or to plans for purposes or payment for services that you receive may be disclosed to business associates. For example, some administrative, clinical, quality assurance, billing, legal, auditing and practice management services may be provided by contracting with outside entities to perform their contracted tasks. Business associates are required to enter into an agreement maintaining the privacy of the protected health information released to them.
9. Research. Protected health information concerning you may be used with your permission for research purposes if the relevant provisions of the Federal HIPAA Privacy Regulations are followed.
10. Involuntary Patients. Information regarding patients who are being treated involuntarily, pursuant to law, will be shared with other treatment providers, legal entities, third party payers and others, as necessary to provide the care and management coordination needed in compliance with Colorado law.
11. Family Members. Except for certain minors, incompetent patients, or involuntary patients, protected health information cannot be provided to family members without the patient's consent. In situations where family members are present during a discussion with the patient, and it can be reasonably inferred from the circumstances that the patient does not object, information may be disclosed in the course of that discussion. However, if the patient objects, protected health information will not be disclosed.
12. Emergencies. In life threatening emergencies PETER MARSH will disclose information necessary to avoid serious harm or death.
B. Patient Release of Information or Authorization. PETER MARSH and other health care professionals may not use or disclose protected health information in any way without a signed release of information or authorization. When you sign a release of information, or an authorization, it may later be revoked, provided that the revocation is in writing. The revocation will apply, except to the extent PETER MARSH has already taken action in reliance thereon.
II. YOUR RIGHTS AS A PATIENT
A. Access to Protected Health Information. You have the right to receive a summary of confidential health information concerning mental health services needed or provided to you. There are some limitations to this right, which will be provided to you at the time of your request, if any such limitation applies. To make a request, ask PETER MARSH for the appropriate request form.
B. Amendment of Your Record. You have the right to request that PETER MARSH or your health care professionals amend your protected health information. PETER MARSH is not required to amend the record if it is determined that the record is accurate and complete. There are other exceptions, which will be provided to you at the time of your request, if relevant, along with the appeal process available to you. To make a request, ask PETER MARSH for the appropriate request form.
C. Accounting of Disclosures. You have the right to receive an accounting of certain disclosures PETER MARSH has made regarding your protected health information. However, that accounting does not include disclosures that were made for the purpose of treatment, payment, or health care operation. In addition, the accounting does not include disclosures made prior to April 14, 2003. There are other exceptions that will be provided to you, should you request an accounting. To make a request, ask PETER MARSH for the appropriate request form.
D. Additional Restrictions. You have the right to request additional restriction on the use of disclosure of your health information. PETER MARSH does not have to agree to that request, and there are certain limits to any restriction, which will be provided to you at the time of your request. To make a request, ask PETER MARSH for the appropriate request form.
E. Alternative Means of Receiving Confidential Communications. You have the right to request that you receive communications of protected health information from PETER MARSH by alternative means or at alternative locations. For example, if you do not want PETER MARSH to mail bills or other materials to your home, you can request that this information be sent to another address. There are limitations to the granting of such requests, which will be provided to you at the time of the request process. To make a request, ask PETER MARSH for the appropriate request form.
F. Copy of this Notice. You have a right to obtain another copy of this Notice upon request.
III. ADDITIONAL INFORMATION
A. Privacy Laws. PETER MARSH is required by State and Federal law to maintain the privacy of protected health information. In addition, PETER MARSH is required by law to provide patients with notice of its legal duties and privacy practices with respect to protected health information. That is the purpose of this Notice.
B. Terms of the Notice and Changes to the Notice. PETER MARSH is required to abide by the terms of this Notice, or any amended Notice that may follow. PETER MARSH reserves the right to change the terms of its Notice and to make the new Notice provisions effective for all protected health information that it maintains. When the Notice is revised, the revised Notice will be posted in PETER MARSH service delivery sites and will be available upon request.
C. Complaints Regarding Privacy Rights. If you believe PETER MARSH has violated your privacy rights, you have the right to complain to PETER MARSH management. Please submit a statement in writing addressed to PETER MARSH 5080 Mark Dabling Blvd, Colorado Springs, CO 80918 concerning your complaint and the basis for it. You also have the right to complain to the United States Secretary of Health and Human Services by sending your complaint to the Office of Civil Rights, U.S. Department of Health and Human Services, 200 Independence Avenue, SW, Room 515F, HHH Building, Washington D.C., 20201. It is the policy of PETER MARSH that there will be no retaliation for your filing of such complaints.
D. Additional Information. If you desire additional information about your privacy rights with PETER MARSH please ask me any questions that you may have.
IV. CONFIDENTIALITY OF ALCOHOL AND DRUG ABUSE PATIENT RECORDS
A. The confidentiality of alcohol and drug abuse patient records maintained by PETER MARSH is protected by Federal law and PETER MARSH's regulations. Generally, the program may not say to a person outside the program that a patient attends the program, or disclose any information identifying a patient as an alcohol or drug abuser unless:
1. The patient comments in writing;
2. The disclosure is allowed by a court order; or
3. The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.
B. Violation of the Federal law and regulations by a program is a crime. Suspected violations may be reported to appropriate authorities in accordance with Federal regulations.
C. Federal law and regulations do not protect any information about a crime committed by a patient either at the program or against any person who works for the program or about any threat to commit such a crime. Disclosure may be made concerning any threat made by a patient to commit imminent physical violence against another person to the potential victim who has been threatened and to law enforcement.
D. Federal law and regulations do not protect any information about suspected child abuse or neglect from being reported under State law to appropriate State or local authorities.
V. EFFECTIVE DATE, THIS NOTICE IS EFFECTIVE FEBRUARY 1, 2012
I understand these disclosures. I have received a copy of this Disclosure Statement and Notice of Privacy rights.
PLEASE PRINT A COPY FOR YOUR RECORDS.
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