Module 3 Legal Issues

Report
Module 3:
Legal Issues for Programs Treating
LGBT Clients
A Provider’s Introduction to
Substance Abuse for Lesbian,
Gay, Bisexual, and
Transgender Individuals
First Edition
Unifying science, education and services to transform lives.
Learning Objectives
1.
Understand how programs can protect
the confidentiality of LGBT clients
2.
Be able to define the legal barriers facing
LGBT individuals
3.
Understand the legal issues raised by
HIV/AIDS
4.
Know what policies treatment programs
should adopt to ensure that clients and
staff are fairly treated
PowerPoint Slide # 3-1
A Provider’s Introduction to Substance Abuse for LGBT Individuals
Module 3 Legal Issues
Unifying science, education and services to transform lives.
Confidentiality
Vol. 42 of the Code of Federal Regulations [CFR], Part 2

No disclosure without consent about anyone who
has applied for or received any substance abuserelated assessment, treatment, or referral services

Applies from the time an individual makes an
appointment

Applies to former clients

Prohibits disclosure of information that would
identify the individual either directly or by
implication as a substance abuser.
PowerPoint Slide # 3-2
A Provider’s Introduction to Substance Abuse for LGBT Individuals
Module 3 Legal Issues
Unifying science, education and services to transform lives.
To be valid, a consent form must be in writing and
must contain each of the items specified in
42 CFR, Part 2:








Program Name
Client Name
Purpose of Disclosure
Nature of Disclosure
Revocation Statement
Expiration Clause
Client Signature
Date of Consent
PowerPoint Slide # 3-3
A Provider’s Introduction to Substance Abuse for LGBT Individuals Module 3: Legal Issues
Unifying science, education and services to transform lives.
Use of Consent and
Disclosure Without Consent
CONSENT MUST BE USED:
 To seek information from collateral sources
 To make periodic reports or coordinate care
 To make referrals
DISCLOSURE WITHOUT CONSENT:
 Medical emergency
 Child abuse mandated reporting
 Communications between program staff
*Disclose information with caution, consequences of disclosure may be
detrimental to the client
PowerPoint Slide # 3-4
A Provider’s Introduction to Substance Abuse for LGBT Individuals
Module 3 Legal Issues
Unifying science, education and services to transform lives.
TRUE or FALSE ?
Although two Federal and
several State statutes protect
recovering substance abusers
from many forms of
discrimination, in most areas of
the United States discrimination
against individuals because of
their sexual orientation or
gender identity is legal.
PowerPoint Slide # 3-5
A Provider’s Introduction to Substance Abuse for LGBT Individuals
Module 3 Legal Issues
Unifying science, education and services to transform lives.
What Treatment Programs
Can Do To Help LGBT Clients

Confidentiality

Respect for LGBT
Clients

Caution on Self–
Disclosure

Program Safety for
LGBT Individuals
Educate Staff and
Clients

Affirmative
Action/Cultural
Competence


Legal Inventory
PowerPoint Slide # 3-6
A Provider’s Introduction to Substance Abuse for LGBT Individuals
Module 3 Legal Issues
Unifying science, education and services to transform lives.
Example 1: Barbara
What should you or your
agency encourage her to
do?
PowerPoint Slide # 3-7
A Provider’s Introduction to Substance Abuse for LGBT Individuals
Module 3 Legal Issues
Unifying science, education and services to transform lives.
Example 2: Harry
What recommendations
can you give Harry?
PowerPoint Slide # 3-8
A Provider’s Introduction to Substance Abuse for LGBT Individuals
Module 3 Legal Issues
Unifying science, education and services to transform lives.
1. Bill
3. Frankie
2. Denise
PowerPoint Slide # 3-9
A Provider’s Introduction to Substance Abuse for LGBT Individuals
Module 3 Legal Issues

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