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Module 3: Legal Issues for Programs Treating LGBT Clients

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. Learning Objectives. Understand how programs can protect the confidentiality of LGBT clients

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Module 3: Legal Issues for Programs Treating LGBT Clients

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  1. 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

  2. Learning Objectives • Understand how programs can protect the confidentiality of LGBT clients • Be able to define the legal barriers facing LGBT individuals • Understand the legal issues raised by HIV/AIDS • 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

  3. 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 abuse-related 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

  4. 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

  5. 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

  6. 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

  7. Confidentiality Caution on Self–Disclosure Educate Staff and Clients Legal Inventory Respect for LGBT Clients Program Safety for LGBT Individuals Affirmative Action/Cultural Competence What Treatment Programs Can Do To Help LGBT Clients PowerPoint Slide # 3-6 A Provider’s Introduction to Substance Abuse for LGBT Individuals Module 3 Legal Issues

  8. 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

  9. 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

  10. CASE STUDIES 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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