Notice of Privacy Practices
Effective Date: [To be confirmed by Amy Spear, LPC, before publishing]
THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.
Cypress Counseling, LLC, and Amy Spear, LPC, are committed to protecting the privacy of your health information. We are required by law to maintain the privacy of your protected health information (PHI), to provide you with this notice of our legal duties and privacy practices, and to follow the terms of this notice while it is in effect.
How We May Use and Disclose Your Health Information
For Treatment: We may use and share your health information to provide, coordinate, or manage your care, including consulting with other health care providers about your treatment.
For Payment: We may use and share your health information to bill and collect payment for the services we provide.
For Health Care Operations: We may use and share your health information to run our practice, such as for quality improvement, training, and licensing activities.
Other Permitted or Required Uses and Disclosures Without Your Written Authorization: as required by law; to avert a serious threat to health or safety; for public health and safety activities; for health oversight activities; in response to a court order or other lawful process; and to coroners, medical examiners, or funeral directors as required by law.
Uses and Disclosures Requiring Your Written Authorization
Most uses and disclosures of psychotherapy notes, and most other uses and disclosures of your health information not described above, will only be made with your written authorization. You may revoke that authorization in writing at any time, except to the extent we have already relied on it.
Psychotherapy Notes: If Amy Spear, LPC keeps separate psychotherapy notes about your care, those notes receive extra protection under federal law. In almost all cases, we will ask for your specific written authorization before releasing psychotherapy notes, even for many purposes that do not require authorization for the rest of your record. SMS Communications and Privacy: Cypress Counseling, LLC does not currently use SMS (text messaging) to communicate with clients. If that changes in the future, we will send SMS messages only for administrative purposes, such as appointment scheduling, reminders, rescheduling, and billing questions, and only with your consent obtained in advance. Your phone number and SMS consent will not be shared with third parties or used for any unrelated purpose without your explicit permission. You may opt out of SMS communications at any time by replying "STOP" or by contacting our office.
Your Rights
You have the right to: request restrictions on certain uses and disclosures of your health information; in particular, if you pay in full, out of pocket, for a specific item or service, you have the right to restrict our disclosure of that item or service to your health insurer, and we are required to honor that request; request confidential communications by alternative means or at alternative locations; inspect and obtain a copy of your health information; request an amendment to your health information; receive an accounting of certain disclosures we have made; receive a paper copy of this notice, even if you agreed to receive it electronically; and be notified of a breach of your unsecured health information.
Our Responsibilities
We are required by law to: maintain the privacy of your health information; give you this notice of our legal duties and privacy practices; follow the terms of the notice currently in effect; notify you if we are unable to agree to a requested restriction; and accommodate reasonable requests you may have to communicate health information by alternative means or at alternative locations.
Changes to This Notice
We reserve the right to change this notice. We will post the revised notice on our website, and a copy will be available at our office upon request.
Complaints
If you believe your privacy rights have been violated, you may file a complaint with us or with the U.S. Department of Health and Human Services, Office for Civil Rights. You will not be retaliated against for filing a complaint.
To file a complaint with us, contact:
Amy Spear, LPC — Cypress Counseling, LLC
1 Carriage Lane, Building E, Suite 206, West Ashley, SC 29407
843-896-2692 — amy@cypresscounselingsc.com
To file a complaint with the U.S. Department of Health and Human Services:
Office for Civil Rights, U.S. Department of Health and Human Services
200 Independence Avenue, S.W., Washington, D.C. 20201 — 1-877-696-6775 — www.hhs.gov/ocr/complaints
State Law
South Carolina law provides privacy protections for mental health treatment beyond what HIPAA requires. Under South Carolina Code Section 19-11-95, confidential information you share with Amy Spear, LPC in the course of diagnosis, counseling, or treatment (“confidences”) is privileged. With narrow exceptions, that information may not be revealed, or used to your disadvantage, without your written authorization, and South Carolina law gives you a right to bring a claim if this privilege is violated.
Under South Carolina Code Section 40-75-190, records of your treatment maintained by a licensed professional counselor are confidential and may be disclosed only with your written authorization or as otherwise required or permitted by law, including: to prevent a serious and imminent danger to you or someone else; to report suspected abuse, neglect, or exploitation of a vulnerable adult (South Carolina Code Section 43-35-25) or suspected child abuse or neglect (South Carolina Code Section 63-7-310); in response to a valid subpoena, court order, or licensing-board proceeding; or as otherwise required by law.
Where South Carolina law and HIPAA differ, Cypress Counseling, LLC follows whichever standard gives you greater privacy protection, as required by law.
This section reflects South Carolina law reviewed September 2026, sourced from the South Carolina Code of Laws (scstatehouse.gov) and the Justia South Carolina Code database. It is provided for general information only, is not legal advice, and Amy Spear, LPC and/or her attorney should confirm it is accurate and current before this notice takes effect.
This notice is a draft prepared for Amy Spear's review and is not yet in effect. It is not a substitute for advice from a qualified healthcare attorney.