12 - Informed Consent - Confidentiality.docx
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- Military OneSource Program - Request for Proposal (RFP) 47QFCA23R0053 Federal contract opportunity
- Solicitation number
- 47QFCA23R0053
About this file
This document outlines policies and procedures for the Military OneSource counseling program. The program provides counseling services to military service members, veterans, and their families. Counseling is confidential, except when there is risk of harm to self or others or when there are legal reporting obligations such as child abuse, domestic violence, or sexual assault. Informed consent procedures require counselors to explain confidentiality limitations to clients. Restricted reporting allows domestic abuse or sexual assault victims to report incidents without command notification or investigation; such reports must be directed to specific advocates or healthcare providers. Counselors must maintain documentation of informed consent and keep client information strictly confidential, with exceptions for duty to warn and mandated reporting situations.
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Military OneSource Program Policies and Procedures Attachment 12
SUBJECT: INFORMED CONSENT/CONFIDENTIALITY
DATE: 08/08/23
REFERENCES:
1. DoDD 6495.01, Sexual Assault Prevention and Response: Program Procedures
2. DoDI 6495. 02, Vol 1 Sexual Assault Response Procedures
3. DODI 6490.06, Counseling Services for DoD Military, Guard and Reserve, Certain Affiliated Personnel and Their Family Members
4. DoDI 6400.06, Domestic Abuse Involving DoD Military and Certain Affiliated Personnel
PURPOSE: To provide direction and guidance on Informed Consent and Confidentiality for the Military OneSource Program.
POLICY: Military OneSource staff and network providers shall provide informed consent information to the individual and/or family member during the initial counseling session. Information disclosed to Military OneSource shall be kept confidential, except to meet legal obligations or to prevent harm to self or others.
PROCEDURE:
1. At a minimum, the following confidentiality statement shall be provided to all eligible individuals seeking counseling services:
“Please be advised that the information you provide to me, or other counselors will be kept confidential, except to meet legal obligations or to prevent harm to self or others. Legal obligations include requirements of law and DoD or military regulations. Harm to self or others include suicidal thoughts or intent, a desire to harm oneself, domestic violence, child abuse or neglect, and violence against any person including sexual assault involving service members and neglect and any present or future illegal activity.”
Personnel Reliability Program - If you are a PRP certified participant, please adhere to your command’s self-reporting protocol for concerns related to reliability.
Additionally, if a duty to warn or a mandated report situation surfaces during interaction with the participant, informed consent must be provided.
2. DOD Policy allows for Restricted Reporting of domestic abuse and sexual assault. Assault victims of domestic abuse and sexual assault victims (service members and any dependents over the age of 18) have the option of reporting the incident to specified individuals without initiating the investigative process or notification to the victim’s or alleged offender’s commander.
If the participant wishes to make a restricted report, do not collect any additional information, and provide a warm handoff to the specified individuals below.
1) Alleged victims of domestic abuse and domestic violence requesting restricted reporting must be referred to Domestic Abusive Victim Advocate (DAVA), DAVA supervisor, a FAP clinical provider or healthcare provider in accordance with DoD policy and guidance. Reports of sexual assault must be made to the Sexual Assault Response Coordinator (SARC), Victim Advocate (VA), VA supervisor, or healthcare provider in accordance with DoD policy and guidance.
2) The contractor shall establish and maintain a record keeping system that is designed to protect the Service member or family members' privacy and confidentiality. Although this counseling is private and confidential, the contractor must keep utilization data for quality assurance, utilization review, and risk management which document confidential and private services have been provided. The Military OneSource staff or network providers shall inform the Service member or family member that the personal identification information will be held in strictest confidence by the contractor and not shared with the military command with exception of duty to warn and mandated reports.
3) The Contractor’s non-medical counseling provider must adhere to requirements specified within this policy and procedure.
a) Face to face: Written acknowledgement of understanding for informed consent and the restricted reporting process if applicable, shall be maintained within the case record.
b) Other modalities: Recorded, or verbal acknowledgement of understanding for informed consent and the restricted reporting process , if applicable, shall be maintained attached to the case record.
EXCEPTIONS: There are no exceptions to this policy without Government Military OneSource Program Office written approval.
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