Mental Health Care: Case Study

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Who is legally able to give informed consent for treatment? Informed consent, statute C.R.S. § 27-10.5-102(1), Treating adults, informed consent should be given in writing, voluntarily.

Authorized representative in statute C.R.S. § 25.5-10-202(1), Is the person designated by the person receiving services.

Voluntary applications for mental health services in statute C.R.S. § 27-65-103(2) allows a minor at who is 15 years of age may consent for mental health treatment with or without parents’ consent. Any adult over the age of 18 years old who can make informed intellectual decisions regarding their personal welfare.

Any authorized representative designated by the individual seeking or requiring treatment.

In the state of
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Does the client have the right to access their record/chart/files? Patient records in custody of individual health care
Providers in statute, C.R.S. § 25-1-802. Yes, Clients receiving mental health counseling are allowed access to their records, although this does not include the counselor’s personal notes or any information that could be harmful to the client.
If so, how? Client Access, (ACA, 2014, B.6.e.) The client only needs to make a reasonable request. The client is allowed access to their records, although, the client must be competent. All access should be documented.
What are the necessary procedures they need to follow? Assistance with Records, (ACA, 2014, B.6.f.) When a client requests their mental health records, the counselor or therapist should assist them in order to avoid misunderstanding of the interpretation of the records.
Section #3:
Limits to confidentiality.
What are the limits to confidentiality in your state? Persons Required to Report Child Abuse Statute, C.R.S. § 19-3-304(1).
Civil Liability – Mental Health Providers – No Duty, Statute, C.R.S. §
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Section #13:
HIV/AIDS and limits to confidentiality.
Does your state require or allow counselors to break a client 's confidence if they have HIV? Contagious, Life Threatening Diseases, (ACA, 2014, B.2.c). Yes, Colorado allows counselors could be justified in breaking confidentiality if the client has communicated putting someone unknowingly at risk of a contracting a contagious or life threatening disease. The client’s intent must be taken into consideration.
AIDS? Contagious, Life Threatening Diseases, (ACA, 2014, B.2.c). Same as above
Are you required or allowed to notify the partner? Contagious, Life Threatening Diseases, (ACA, 2014, B.2.c) Yes, if the partner is unknowingly at risk of contracting the life threatening infectious disease. Section #14:
Intimate relationships with clients and former clients.
What does the law say about counselors having intimate/romantic and/or sexual relationships with current clients? Prohibited activities, statutes, C.R.S. § 12-43-222(r).
Sexual and/or Romantic Relationships Prohibited; (ACA, 2014,

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