Here are some considerations on how to manage a client’s consent for observation:
Right of refusal: Therapists need to be especially careful when asking the client for consent for observation. The client has to know that they have a right to refuse this observation without facing any consequences from the therapist. You don’t want the client to feel pressured.
Immediate withdrawal: Similarly, clients can withdraw their consent at any time. Maybe they thought they would be okay with being observed but then felt very uncomfortable while it was occurring. They must know they can stop it on the spot without recrimination.
Confidentiality: Confidentiality is the utmost concern when observing a therapy session. Although the client consents to others watching them, they must know that it is only for training or supervision, and no one will see who is unauthorized. Any other uses require a separate client consent. Therapists must follow all the rules established in the Health Insurance Portability and Accountability Act (HIPAA).
Telehealth: More than half of all therapy sessions (e.g., phone and video calls) are performed through telehealth. Many telehealth providers can record virtual sessions. All recordings must be conducted on a secure, HIPAA-compliant platform like Theraplatform.
Storage: Storage is a legitimate concern when videotaping a therapy session. The client has a right to know how the video will be stored, what measures are in place to keep it confidential, who will have access to it, and how long it will be maintained. Additionally, therapists must use secure transmission and storage methods. Clients also have the right to remove or destroy their completed videos at their request.
Content provided by TheraPlatform is educational and does not constitute any legal advice.