Asked in Civil Rights and Health Care Law for Colorado

Q: Can a counselor go through my medical records from a previous counselor to do an investigation on me prior to being seen

Without my knowledge or medical consent. And this is in reference to mental health counseling- outpatient

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: No, a counselor cannot legally access your medical records from a previous counselor without your explicit consent. Privacy laws, such as HIPAA in the United States, protect your medical information and require that you give written permission before your records can be shared between healthcare providers.

If you have concerns about your privacy or the handling of your medical records, it's important to discuss these with your current counselor. You have the right to know how your information is being used and who has access to it.

Remember, your consent is key in maintaining your confidentiality and trust in the counseling process. If you feel your rights have been violated, you may want to seek advice on how to proceed.

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