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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37840
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am a Licensed Marriage and Family Therapist and a Licensed

Resolved Question:

I am a Licensed Marriage and Family Therapist and a Licensed Professional Counselor in Colorado. I have a client who decided to leave therapy with me and go to another therapist who said he did not believe she needed to be on medications (I felt she did, but neither I nor the other therapist is qualified to prescribe). I am Master's level and the other therapist is a PhD - one level up. This was fine with me as she is a difficult client. She went to the other therapist and he did have her go off her meds. As I predicted, she felt great for about a month and now is very depressed. I know this because I see her husband as a client. I do not want her back as a client. Am I required to send her a termination letter so it is clear that she terminated therapy with me? Or do I just need to put in my notes her decision to stop seeing me? I know it should be in writing somewhere so that I am covered legally. What is required to protect me?
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

In this situation she stopped coming to you, you did not terminate care. As a consequence there is no need to send her a letter terminating therapy since that was her choice and not yours. Making a formal notation in her patient file that the patient chose to terminate care and is obtaining treatment elsewhere is sufficient. Those records are considered to be 'business records' and can be disclosed or obtained via subpoena in case of lawsuit which means that the information within would be able to be used in court (even if otherwise protected under HIPAA). A notation is sufficient.

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37840
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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