PATIENT RIGHTS & RESPONSIBILITIES

Telehealth Substance Use & Alcohol‑Dependency Treatment

In Accordance With Utah Code, Federal Law, and Behavioral‑Health Confidentiality Standards

I. PATIENT RIGHTS

You are entitled to the following rights under Utah law, federal privacy law, and behavioral‑health confidentiality standards.

1. Right to Care From a Properly Licensed Utah Provider

• Under Utah Code § 26B‑4‑704(1)(f), a telehealth “provider” must be:
• Licensed under Title 58 – Occupations and Professions,
• Or licensed under Chapter 2, Part 2 – Health Care Facility Licensing,
• Or licensed under Chapter 2, Part 1 – Human Services Programs and Facilities.

You have the right to receive care only from clinicians legally authorized to treat patients physically located in Utah.

2. Right to a Valid Provider–Patient Relationship

• Utah law requires a legitimate therapeutic relationship before treatment is delivered. Under Utah Code § 26B‑4‑704, telehealth encounters must include:
• Verification of your identity
• Confirmation of your physical location (“originating site”)
• A clinically appropriate telehealth evaluation using synchronous or asynchronous technology

3. Right to Informed Consent for Telehealth

• Under the Utah Telehealth Act (Utah Code § 26‑60‑101 et seq.), you have the right to:
• A clear explanation of telehealth, including risks, benefits, and alternatives
• The ability to withdraw consent at any time
• Information about how telehealth technology works and how your data is protected

4. Right to Privacy & Confidentiality

• Telehealth services must comply with:
• HIPAA (Health Insurance Portability and Accountability Act of 1996)
• HITECH Act (Health Information Technology for Economic and Clinical Health Act)
• Utah’s Telehealth Act privacy requirements (Utah Code § 26‑60‑102) requiring industry‑standard security and encryption
• Your SUD and alcohol‑treatment information is confidential and protected.

5. Right to Clear, Accurate Information

• You have the right to:
• Know your provider’s name, Utah licensure, and credentials
• Receive clear explanations of your diagnosis, treatment plan, and progress
• Ask questions and receive understandable answers

6. Right to an Individualized Treatment Plan

• You have the right to:
• A written, personalized treatment plan
• Regular review and updates based on your progress and clinical needs

7. Right to Safe & Appropriate Telehealth Care

• Under Utah Code § 26B‑4‑704, telehealth must be clinically appropriate. You have the right to:
• A proper telehealth examination
• Referral to in‑person or emergency care when telehealth is insufficient

8. Right to Access Your Medical Records

• Under HIPAA and Utah law, you may:
• Inspect and obtain copies of your telehealth and medical records
• Request corrections or amendments
• Receive records electronically when available

9. Right to Transparent Costs

• You have the right to:
• Clear, written information about fees
• No unauthorized or surprise billing

10. Right to File Complaints Without Retaliation

• You may file complaints with:
• The provider or clinic
• Utah Department of Health & Human Services
• Federal HIPAA enforcement agencies
• You cannot be penalized for filing a complaint.

II. PATIENT RESPONSIBILITIES

To ensure safe, lawful, and effective treatment, you agree to the following responsibilities.

1. Provide Accurate Information

• Under Utah Code § 26B‑4‑704, telehealth relies on accurate patient‑generated information. You must provide truthful details regarding:
• Identity and physical location
• Medical history, substance‑use history, medications
• Legal or court‑related requirements (if applicable)

2. Maintain a Private, Safe Telehealth Environment

• You are responsible for:
• Using a private, quiet space
• Ensuring your device, camera, and audio function properly
• Protecting your own privacy during sessions

3. Participate Actively in Treatment

• You agree to:
• Attend scheduled telehealth appointments
• Engage honestly in therapy and assessments
• Follow your treatment plan
• Report changes in symptoms, relapse risk, or safety concerns

4. Follow Utah Telehealth Requirements

• You must:
• Confirm your physical location (“originating site”) at each session
• Use only approved telehealth platforms that meet HIPAA/HITECH standards
• Understand that venue and jurisdiction follow your physical location, per Utah licensure rules

5. Respect Technology & Security Protocols

• You agree to:
• Not record sessions without written consent
• Use secure internet connections when possible

• Report technical issues promptly

6. Understand the Limits of Telehealth

• You acknowledge that:
• Telehealth may not be appropriate for all clinical situations
• You may be referred to in‑person or emergency care when clinically necessary

7. Financial Responsibility

• You are responsible for:
• Understanding your costs
• Paying for services as agreed
• Notifying the provider of insurance or financial changes

III. SPECIAL PROVISIONS FOR SUBSTANCE USE & ALCOHOL‑DEPENDENCY TREATMENT

1. Medication‑Assisted Treatment (MAT)

• If your telehealth program does not prescribe medications:
• MAT must be managed by your prescribing physician
• Controlled‑substance prescribing requires Utah Controlled Substance Database compliance (PDMP checks), per Utah licensure rules

2. Safety & Crisis Protocols

• You agree to:
• Provide an emergency contact
• Provide your physical location at each session (required by Utah law)
• Follow crisis‑response instructions if safety concerns arise

 

IV. ADDITIONAL PATIENT RIGHTS

(Utah Code, Federal Law, Licensing Rules, and Behavioral‑Health Standards)

 

11. Right to Know the Technology Used in Telehealth

• Under Utah Code § 26‑60‑102, patients have the right to know:
• What telehealth platform is being used
• Whether the platform meets HIPAA/HITECH encryption standards
• Whether the session is synchronous (live) or asynchronous (store‑and‑forward)

 

12. Right to Know Where Your Data Is Stored

• HIPAA and HITECH require:
• Disclosure of how electronic health information is stored
• Whether data is stored in Utah, another state, or a HIPAA‑certified cloud environment
• Notification of any data breach under HITECH breach‑notification rules

 

13. Right to Refuse Telehealth and Request In‑Person Care

• Under the Utah Telehealth Act, telehealth cannot be forced on a patient. You have the right to:
• Decline telehealth
• Request in‑person services when available
• Transfer to another provider if telehealth is not clinically appropriate

 

14. Right to Know All Individuals Present During a Telehealth Session

• Under HIPAA and Utah privacy rules, you have the right to:
• Know the name and role of every person who can hear or see your session
• Refuse the presence of observers, students, or trainees

 

15. Right to Emergency and Crisis Support

• You have the right to:
• A clear crisis plan
• Emergency contact procedures
• Local emergency referrals based on your physical location
• This is required because jurisdiction follows the patient’s physical location under Utah licensure laws.

 

16. Right to Non‑Discrimination

• Under federal civil rights laws and Utah nondiscrimination statutes, you have the right to treatment without discrimination based on:
• Race
• Color
• National origin
• Sex
• Disability
• Religion
• Age
• Sexual orientation
• Gender identity
• Veteran status

 

17. Right to Know Your Provider’s Duty to Report

• Under Utah law and federal safety standards, you have the right to know:
• When confidentiality may be broken
• Mandatory reporting obligations (abuse, threats, danger to self/others)
• How telehealth providers handle imminent‑risk situations

 

18. Right to Continuity of Care

• You have the right to:
• Consistent treatment
• Notice if your provider leaves the practice
• Referral options if the clinic cannot continue your care

 

19. Right to Cultural and Linguistic Access

• Under federal LEP (Limited English Proficiency) rules, you have the right to:
• Interpreters
• Translated materials
• Culturally competent care

 

20. Right to Know Your Legal Protections for SUD Treatment Information

• Even though 42 CFR Part 2 was updated, you still have the right to:
• Strict confidentiality of SUD treatment information
• Written consent before disclosure
• Notice of redisclosure protections

 

V. ADDITIONAL PATIENT RESPONSIBILITIES

(Utah Telehealth Act, HIPAA, Licensing Rules, and SUD Treatment Standards)

 

8. Responsibility to Maintain Updated Contact Information

• You must keep your provider informed of:
• Current phone number
• Current physical address
• Emergency contact information
• This is required for crisis response and jurisdictional compliance.

 

9. Responsibility to Notify Provider of Location Changes

• Under Utah Code § 26B‑4‑704, your provider must know your physical location at each session. You must notify the provider if:
• You travel out of Utah
• You move
• You are temporarily staying somewhere else
• This affects licensure, legality, and emergency response.

 

10. Responsibility to Use Technology Properly

• You must:
• Log in on time
• Keep your device charged
• Maintain a stable internet connection
• Update your telehealth app or browser

 

11. Responsibility to Report Safety Concerns Immediately

• You must notify your provider if:
• You feel unsafe
• You experience relapse or withdrawal symptoms
• You have thoughts of self‑harm or harm to others

 

12. Responsibility to Follow Program Rules

• This includes:
• Attendance requirements
• Group‑therapy conduct rules
• Drug‑testing policies (if applicable)
• Homework or treatment assignments

 

13. Responsibility to Avoid Impairment During Sessions

• You must:
• Not attend telehealth sessions while intoxicated
• Not attend sessions under the influence unless the session is specifically for crisis or relapse management

 

14. Responsibility to Protect Confidentiality of Group Members

• If participating in telehealth group therapy, you must:
• Maintain confidentiality of other participants
• Not record or screenshot group sessions
• Not allow others to overhear group discussions

 

15. Responsibility to Use Telehealth Only for Its Intended Purpose

• You must:
• Not use telehealth for non‑clinical communication
• Not misuse the platform for harassment, threats, or inappropriate behavior

 

16. Responsibility to Follow Emergency Instructions

• If your provider determines you are in crisis, you must:
• Follow instructions
• Contact emergency services if directed
• Allow the provider to contact your emergency contact if necessary