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Notice of Privacy Practices

Effective Date: July 11, 2025

THIS NOTICE DESCRIBES HOW MEDICAL AND MENTAL HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

 

1. Our Commitment to Your Privacy

As a Licensed Professional Counselor Associate (LPC-A) in the State of Texas, I am committed to protecting your clinical and personal data. I comply with the federal Health Insurance Portability and Accountability Act (HIPAA) and the Texas Medical Records Privacy Act (Texas Health and Safety Code Ch. 181).

Because I am an LPC-Associate, I do not practice independently. I provide counseling services under the direct clinical supervision of Dr. Bryan Duncan, LPC-S. Accordingly, your Protected Health Information (PHI) may be shared with Dr. Duncan for case consultation, clinical oversight, and training purposes.

 

2. Notice of Electronic Disclosure of PHI

In accordance with Texas Health and Safety Code § 181.154, your PHI may be stored, managed, or transmitted electronically. Texas law strictly prohibits any electronic disclosure of your health records to a third party without a separate, distinct authorization from you for each disclosure, unless the transfer is for treatment, payment, health care operations, or is otherwise explicitly authorized or required by law.

 

3. How We May Use and Disclose Your Information

I may use and disclose your PHI without your written authorization for the following purposes:

  • Treatment: Sharing information with Dr. Bryan Duncan, LPC-S, or other healthcare professionals involved in your care to coordinate your therapy.

  • Payment: Billing you or processing claims through your insurance provider for counseling services.

  • Healthcare Operations: Administrative duties within my practice, including quality evaluations, scheduling, and supervisory compliance reviews.

 

4. Disclosures Requiring Your Explicit Authorization

Any marketing communications, sales of PHI, or highly sensitive psychotherapy note disclosures require your explicit written authorization. Texas law mandates that a separate authorization is required for each individual electronic disclosure outside of treatment, payment, or operational exceptions. You can revoke this permission in writing at any time.

 

5. Compelled Disclosures Without Your Authorization

Under Texas and federal regulations, I am permitted or required to release your PHI without your consent in these specific safety-related situations:

  • Risk of Harm: If you present an imminent danger to yourself or an explicitly named individual.

  • Abuse and Neglect: Mandated reporting to Texas authorities if child abuse or neglect, elder abuse or neglect, or abuse or neglect of a person with disability is suspected.

  • Legal Proceedings: Responding to a lawful, binding court order or a judge-issued subpoena.

  • Oversight: Providing files to the Texas Behavioral Health Executive Council (BHEC) if requested for regulatory auditing.

 

6. Your Texas-Specific Patient Rights

You hold several clear legal rights regarding your health data:

  • Accelerated Access to Electronic Records: Under Texas HB 300, if your clinical records are maintained electronically, I must provide you with access or an electronic copy of your records within 15 business days of receiving your written request (faster than the standard federal 30-day HIPAA window).

  • Right to Request Restrictions: You may ask me to restrict specific uses or disclosures of your PHI. While I will make every effort to accommodate you, I am not legally required to agree to all restriction requests.

  • Right to Confidential Communications: You can dictate how I contact you (e.g., cell phone only, specific mailing address, or avoiding email).

  • Right to an Accounting of Disclosures: You can request a historical log detailing every instance where your PHI was shared outside of standard treatment, payment, or operational functions.

  • Right to Amend: You may submit a written request to amend clinical data if you believe the file contains errors or omissions.

 

7. Complaints

If you believe your privacy rights have been violated, you can file an official complaint with my office, the U.S. Department of Health and Human Services (HHS), or directly with the state licensing board via the Texas Behavioral Health Executive Council (BHEC) portal. You will experience no retaliation or penalty for filing a complaint.

 

8. Practice and Supervisor Contact Information

LPC Associate Contact:

LPC Supervisor Contact:

Notice Of Privacy Practices

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