| Authorized Workforce Member: For the purpose of this policy, a DMH workforce member who has acknowledged this policy and completed and signed the required Secure Text Messaging and Video Chat Communication Agreement.
Confidential Data: Information that is sensitive, proprietary, or personal to which access must be restricted and whose unauthorized disclosure could be harmful to a person, process, or to an organization.
Encryption: A process of making information indecipherable to protect it from unauthorized view or use, especially during transmission or when it is stored on a transportable magnetic medium.
iMessage: Apple's native text messaging application that uses message application in iOS to send and receive text, picture, audio, and video messages. iMessages can be sent between Apple devices that have this application installed.
Inactive DMH Client: A client in the DMH System of Care who has not been seen in the last 180 days, or for whom services have been terminated requiring the closing of clinical record. (DMH Policy 312.01)
DMH-Approved Secure Text Messaging/Video Chat Application: A DMH-approved application that allows workforce members to securely send and receive encrypted pictures, exchange text, audio and video messages, and conduct secure video conferences. This method is secure, encrypted, and HIPAA compliant.
Protected Health Information (PHI): Individually identifiable health information held or transmitted by DMH or its business associate(s), in any form or medium, whether electronic, paper, or oral. This information relates to the past, present, or future physical or mental health condition of an individual; the provision of health care to an individual; or the past, present, or future payment for the provision of health care to an individual; and that identifies the individual or with respect to which there is reasonable basis to believe the information can be used to identify the individual.
Psychotherapy: The use of psychological methods within a professional relationship to assist the client or clients to achieve a better psychosocial adaptation, to acquire a greater human realization of psychosocial potential and adaptation, to modify internal and external conditions that affect individuals, groups, or communities with respect to behavior, emotions, and thinking in respect to their intrapersonal and interpersonal processes. Psychotherapy does not include physiological interventions, including medication intervention.
Short Message Service (SMS): Synonymous with texting. It is a text messaging service component of phone, Web, or mobile communication devices that utilizes standardized communications protocols (voice lines) to allow mobile phones and smart devices to exchange short text-based messages. This method is not secure and not HIPAA compliant.
Texting/Text Messaging: The act of sending short text messages between cell phones or other handheld devices.
Video Chat: A face-to-face conversation held over the internet via smartphone, workstation, or webcam.
Workforce Member: Employee, business associate, contracted employee, consultant, volunteer, other County departments, and/or individual whose performance of work for DMH, its offices, programs, or facilities is under the direct control of the Department, office, program, or facility regardless of whether the person is paid or unpaid.
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| All text messages and video chats that include PHI or confidential data must be sent and received via the DMH-approved secure text messaging/video chat application on a County-issued and authorized device.
All text messages and video chats must follow all Departmental privacy and security requirements regarding the secure transportation of confidential electronic information, including but not limited to, PHI.
All text messages and video chats with a client and/or a responsible party are considered PHI and must be sent in accordance with this policy.
An authorized workforce member and client relationship must be established, and the Consent for Secure Text Messaging/Video Chat must be signed in accordance with Procedure Section A1 prior to initiating secure text messaging and/or video chat communications with a client and/or responsible party.
Sending text messages or conducting video chats with potential clients and inactive clients is prohibited.
Authorized workforce members may have no expectation of privacy with respect to their use of DMH-approved secure text messaging/video chat application and County-issued mobile device. DMH, at any time, may log, review, or monitor any and all data created, stored, sent, or received.
Violation of this policy may result in disciplinary action, up to and including discharge and possible civil and/or criminal liability.
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