Under what conditions may a counselor release a client's PHI for clinical research?

Prepare for the LPCC Law and Ethics Test 2. Use flashcards and multiple-choice questions with explanations. Enhance your understanding of ethics and legal standards for effective counseling practice.

Disclosures of a client’s protected health information (PHI) for research are allowed only through two pathways: the client’s explicit authorization or a formal IRB (or privacy board) approved waiver of authorization. The authorization gives the individual control over what PHI is shared and for what purpose, while the IRB waiver lets research go forward when privacy risks are minimal and specific criteria are met (such as protecting identifiers and showing that the research could not practicably be done otherwise). Because de-identified data is no longer PHI, releasing it isn’t a release of PHI at all, so the option that suggests sharing PHI without authorization if the data are de-identified isn’t applicable to PHI disclosures. Likewise, authorization from a health care provider alone doesn’t satisfy the requirement—the authorization must come from the individual or be waivered by an IRB.