Privacy

“All human beings have three lives: public, private, and secret.”

– GABRIEL GARCIA MARQUEZ

 People tell me all about their public, private, and secret lives. It is an honor to be trusted with such sensitive information, and my duty to zealously protect it.  Consequently, I take your privacy seriously. I ask each person to read and endorse their privacy choices regarding social media and all communication platforms.  You will have to provide me with your written permission to communicate with your other providers, etc.

 Most people accept the risk (such as there may be) to using email, text messages and phone calls via their service provider. I am extremely judicious in what content I send via email or text; it’s mostly communications regarding scheduling, or links/names of resources [like books, classes, websites] that may be useful to you. For those who want a higher level of encryption we can use WhatsApp, which is encrypted end-to-end.  A little more hassle, but if it’s worth it to you, I’m happy to accommodate that.

 Once completed, all of the initial paperwork is returned by email as a PDF.  Most people choose to scan and send via email, but return via USPS is an option for those who want a higher level of security.

Any video sessions we have will take place on a HIPAA compliant platform, encrypted end-to-end, designed for telemedicine.  No video sessions are ever recorded. All electronic documents I have [mostly copies of invoices] are stored on Dropbox, which is also encrypted. 

 I do not keep electronic chart notes. Instead, I use paper charts (old school I know).  Paper charts work better clinically and practically for me. I write cryptically faster than I type, use the bit of shorthand I’ve developed over the years, and at times use drawings/graphs to record dynamic processes at play (e.g., “genograms” – you can google that).  While each session is documented, I do not write down the entire content of each session.  Sometimes a few words will be sufficient to remind me of the entire narrative arc that was shared.  Any hypotheses I am formulating reside entirely in my head, as they are not facts, only guesses.

 Most importantly, paper charts are vastly more secure; there is only one copy, it cannot be hacked, it is in a locked file cabinet, inside a locked office, inside a locked building.  All charts are securely maintained for a minimum of seven years after our last session.  At that point I am legally allowed to shred them.  For that, I use a commercial shredding service. I observe the shredding process, and pay a little more for level 6 shredding. (Level 6 shredding does not end with paper ribbons, it ends with little pieces of paper, about the size of three lentils.  So goniffs, good luck reassembling that!).

 Below, in legalese, is the full HIPAA notice that I provide to each patient for their information and signature.  

 PRIVACY POLICY

 Privacy Policy for Patients of David A. Donovan, PhD, in accordance with the Health Insurance Portability and Accessibility Act.  Major privacy limitations mandated under California State Law can also be found in the “Consent for Services” document.

 Your Right to Notice

As a patient, you have the right to adequate notice of the uses and disclosures of your protected health information. Under the Health Insurance Portability and Accessibility Act (HIPAA), David A. Donovan, Clinical Psychology can use your protected health information for treatment, payment and health care operations. a) Treatment: We may use or disclose your health information to a physician or other healthcare provider providing treatment to you. b) Payment: We may use and disclose your health information to obtain payment for services we provide you. c) Health care operations: We may use and disclose your health information in connection with our healthcare operations. Healthcare operations include quality assessment and improvement activities, reviewing the competency or qualifications of healthcare professionals, evaluating provider performance, conducting training programs, accreditation, certification, licensing or credentialing activities.

Your Authorization

Most uses and disclosures that do not fall under treatment, payment, health care operations will require your written authorization. Upon signing, you may revoke your authorization (in writing) through this practice at any time.

Emergency Situations

In the event of your incapacity or an emergency situation, we will disclose health information to a family member, or another person responsible for your care, using our professional judgment. We will only disclose health information that is directly relevant to the person's involvement in your healthcare.

Marketing

We will not use your health information for marketing communications without your written authorization.

Required by Law

We may also use or disclose your health information when we are required to do so by law.

Abuse or Neglect

We may disclose your health information to appropriate authorities if we reasonably believe that you are a possible victim of abuse, neglect, or domestic violence or the victim of other crimes. We may disclose your health information to the extent necessary to avert a serious threat to your or other people's health or safety.

National Security

We may disclose the health information of Armed Forces personnel to military authorities under certain circumstances. We may disclose health information to authorized federal officials required for lawful intelligence, counterintelligence and other national security activities. We may disclose health information of inmates or patients to the appropriate authorities under certain circumstances.

Appointment Reminders

We may use or disclose your health information to provide you with appointment reminders via phone, e-mail or letter.

Your Rights as a Patient

You have the right to restrict the disclosure of your protected health information (in writing). The request for restriction may be denied if the information is required for treatment, payment or health care operations. You have the right to receive confidential communications regarding your protected health information. You have the right to inspect and copy your protected health information. You have the right to amend your protected health information. You have the right to receive an account of disclosures of your protected health information. You have the right to a paper copy of this notice of privacy practices.

Legal Requirements

David A. Donovan, PhD is required by law to maintain the privacy of your protected health information.  Dr. Donovan is required to abide by the terms of this notice as it is currently stated, and reserves the right to change this notice. The policies in any new notice will not be in effect until they are posted to this site, or are available within our office, as applicable.

Complaints

If you have complaints regarding the way your protected health information was handled, you may submit a complaint in writing to my office [see below] or to the California Board of Psychology, at 2005 Evergreen Street, Suite 1400 Sacramento, CA 95815-3894.  You will not be retaliated against in any manner if you make a complaint.

Contact Information For further information about these privacy policies, contact Dr. Donovan by email: david@donovanetc.com; or call: 503-292-1503; or via correspondence to:

David A. Donovan, PhD, 7315 SE 13th Avenue, Portland Oregon, 97202