Privacy Policy

Here are some general rules about privacy and my official privacy policy, below.

Everything is secure

On more than a few occasions, people have worked with me because they want to see a hypnotist but are concerned with privacy and confidentiality. As a psychologist, I have a special duty mandated by law to keep information private, secure, and confidential. It's similar to that between you and your medical doctor or you and your lawyer. By law I have to take special precautions, such as keeping my psychotherapy notes in a locked, secure place at all times.

I generally take notes on my computer. That happens more and more today, especially with younger professionals. I can type much faster than I can write, and I can better pay attention to you when I type. Rest assured the computer notes are secure because a) the computer isn't connected to a network or the internet at any point b) there's some pretty hefty encryption and c) it's a desktop computer, not a laptop so no one is just going to walk out with it.

Some things are not confidential

By law, I have to report child abuse, elder abuse, dependant adult abuse and when someone is gravely disabled. "Gravely disabled" means being unable to find food, clothing, or shelter due to a mental illness, with no one willing or able to provide assistance.

I also have to report if someone is a direct, imminent threat to themselves or others.

There are also conditions where legal privilege, the right to keep psychotherapy information confidential in a legal setting, can be waived.

These are just the basics. Look over the official privacy policy below for more information.

For extra privacy/confidentiality

My office is in Beverly Hills right smack in the TMZ, which is an acronym for "thirty-mile zone," the thirty mile circle around production studios where they don't have to pay traveling/location fees. That means both celebrity clients and the accompanying concern about privacy and confidentiality. To get around that, I can make house calls, but only in exceptional circumstances, and I'll charge extra for the time involved. Another option is to meet on a Sunday. My "weekends" are usually Tuesdays and Saturdays. I reserve Sunday usually for people driving long distances to see me (e.g. Long Beach, Valencia). If you just don't want to be seen by too many people, the building where my office is located is a ghost town on Sunday. On that day you can typically park, take the elevator up, and walk into my office without anyone seeing you.

For minors

Unless there are special circumstances (e.g. legally emancipated), there are special variations in the privacy, confidentiality, and privilege rules for minors (i.e. anyone under 18). Know that in certain circumstances, I have to report things to your legal guardian and sometimes, to the authorities. Look over the privacy policy and if you have any questions, contact me. What typically happens is we (the minor, the guardian, myself) agree as to what will and will not be discussed with the guardian. Most parents understand the special nature of psychotherapy and will agree to keep what is discussed in therapy between therapist and the minor confidential.

For those who want someone to sit in.

I know that some people want a third person to sit in for sessions. Despite my being a licensed psychologist, some people are afraid I'll hypnotize them into being my personal servant (hypnotized people make awful chefs). Typically it's for the first few minutes until I explain the reality of hypnosis. Keep in mind that with a third person joining you in session, you might feel more hesitant about revealing necessary information and that said person is not legally required to keep things confidential. Also, if I find that the third person is disturbing or obstructing therapy, I can and will refuse to proceed unless the situation is remedied, though this is typically not the case.

The official "notice of privacy policy"

Notice of Psychologists' Policies and Practices to Protect the Privacy of Your Health Information

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

I. Disclosures for Treatment, Payment, and Health Care Operations I may use or disclose your protected health information (PHI), for certain treatment, payment, and health care operations purposes without your authorization. In certain circumstances I can only do so when the person or business requesting your PHI gives me a written request that includes certain promises regarding protecting the confidentiality of your PHI. "PHI" refers to information in your health record that could identify you.

To help clarify these terms, here are some definitions:

"Treatment and Payment Operations"

Treatment is when I provide or another healthcare provider diagnoses or treats you. An example of treatment would be when I consult with another health care provider, such as your family physician or another psychologist, regarding your treatment. Payment is when I obtain reimbursement for your healthcare. Examples of payment are when I disclose your PHI to your health insurer to obtain reimbursement for your healthcare or to determine eligibility or coverage.

Health Care Operations is when I disclose your PHI to your health care service plan(for example your health insurer), or to your other health care providers contracting with your plan, for administering the plan, such as case management and care coordination.

"Use" applies only to activities within my office such as sharing, employing, applying, utilizing, examining, and analyzing information that identifies you.

"Disclosure" applies to activities outside of my office such as releasing, transferring, or providing access to information about you to other parties.

"Authorization" means written permission for specific uses or disclosures.

II. Uses and Disclosures Requiring Authorization

I may use or disclose PHI for purposes outside of treatment, payment, and health care operations when your appropriate authorization is obtained. In those instances when I am asked for information for purposes outside of treatment and payment operations, I will obtain an authorization from you before releasing this information. You may revoke or modify all such authorizations at any time; however, the revocation or modification is not effective until I receive it.

III. Uses and Disclosures with Neither Consent nor Authorization

I may use or disclose PHI without your consent or authorization in the following circumstances:

Child Abuse: Whenever I, in my professional capacity, have knowledge of or observe a child I know or reasonably suspect, has been the victim of child abuse or neglect, I must immediately report such to a police department or sheriff's department, county probation department, or county welfare department. Also, if I have knowledge of or reasonably suspect that mental suffering has been inflicted upon a child or that his or her emotional wellbeing is endangered in any other way, I may report such to the above agencies.

Adult and Domestic Abuse: If I, in my professional capacity, have observed or have knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse or neglect of an elder or dependent adult, or if I am told by an elder or dependent adult that he or she has experienced these or if I reasonably suspect such, I must report the known or suspected abuse immediately to the local ombudsman or the local law enforcement agency.

I do not have to report such an incident if:

1) I have been told by an elder or dependent adult that he or she has experienced behavior constituting physical abuse, abandonment, abduction, isolation, financial abuse or neglect;

2) I am not aware of any independent evidence that corroborates the statement that the abuse has occurred;

3) the elder or dependent adult has been diagnosed with a mental illness or dementia, or is the subject of a court-ordered conservatorship because of a mental illness or dementia; and

4) in the exercise of clinical judgment, I reasonably believe that the abuse did not occur.

Health Oversight: If a complaint is filed against me with the California Board of Psychology, the Board has the authority to subpoena confidential mental health information from me relevant to that complaint.

Judicial or Administrative Proceedings: If you are involved in a court proceeding and a request is made about the professional services that I have provided you, I must not release your information without 1) your written authorization or the authorization of your attorney or personal representative; 2) a court order; or 3) a subpoena duces tecum (a subpoena to produce records) where the party seeking your records provides me with a showing that you or your attorney have been served with a copy of the subpoena, affidavit and the appropriate notice, and you have not notified me that you are bringing a motion in the court to quash (block) or modify the subpoena. The privilege does not

apply when you are being evaluated for a third party or where the evaluation is court ordered. I will inform you in advance if this is the case.

Serious Threat to Health or Safety: If you communicate to me a serious threat of physical violence against an identifiable victim, I must make reasonable efforts to communicate that information to the potential victim and the police. If I have reasonable cause to believe that you are in such a condition, as to be dangerous to yourself or others, I may release relevant information as necessary to prevent the threatened danger.

Workers' Compensation: If you file a worker's compensation claim, I must furnish a report to your employer, incorporating my findings about your injury and treatment, within five working days from the date of the your initial examination, and at subsequent intervals as may be required by the administrative director of the Worker's Compensation Commission in order to determine your eligibility for worker's compensation.

IV. Patient's Rights and Psychologist's Duties

Patient's Rights:

Right to Request Restrictions --You have the right to request restrictions on certain uses and disclosures of protected health information about you. However, I am not required to agree to a restriction you request.

Right to Receive Confidential Communications by Alternative Means and at Alternative Locations -- You have the right to request and receive confidential communications of PHI by alternative means and at alternative locations. (For example, you may not want a family member to know that you are seeing me. Upon your request, I will send your bills to another address.)

Right to Inspect and Copy -- You have the right to inspect or obtain a copy (or both) of PHI in my mental health and billing records used to make decisions about you for as long as the PHI is maintained in the record. I may deny your access to PHI under certain circumstances, but in some cases you may have this decision reviewed. On your request, I will discuss with you the details of the request and denial process.

Right to Amend -- You have the right to request an amendment of PHI for as long as the PHI is maintained in the record. I may deny your request. On your request, I will discuss with you the details of the amendment process.

Right to an Accounting -- You generally have the right to receive an accounting of disclosures of PHI for which you have neither provided consent nor authorization (as described in Section III of this Notice). On your request, I will discuss with you the details of the accounting process.

Right to a Paper Copy -- You have the right to obtain a paper copy of the notice from me upon request, even if you have agreed to receive the notice electronically.

Psychologist's Duties:

I am required by law to maintain the privacy of PHI and to provide you with a notice of my legal duties and privacy practices with respect to PHI.

I reserve the right to change the privacy policies and practices described in this notice. Unless I notify you of such changes, however, I am required to abide by the terms currently in effect.

If I revise my policies and procedures, I will notify you in writing and give you a copy of the new policies at our next session.

V. Complaints

If you are concerned that I have violated your privacy rights, or you disagree with a decision I made about access to your records, you may contact me at: John Murphy, Ph.D., 8730 Wilshire Blvd Suite 418, Beverly Hills, CA 90211. 310-729-4727 You may also send a written complaint to the Secretary of the U.S. Department of Health and Human Services. The person listed above can provide you with the appropriate address upon request.

VI. Effective Date, Restrictions, and Changes to Privacy Policy

I reserve the right to change the terms of this notice and to make the new notice provisions effective for all PHI that I maintain. I will provide you with a revised notice in writing by mail or at our next session.