Privacy Policy

Effective from: 1st May 2026

Alvarez Psychological Services (“the Practice,” “we,” “us,” or “our”) is committed to protecting the privacy of your personal and health information. This Privacy Policy applies to:

  • Individuals who contact us by phone, email, or our website contact form
  • Clients receiving clinical therapy services (e.g., women’s mental health, depression, anxiety, trauma)
  • Individuals receiving forensic services (e.g., court-ordered psychological evaluations, parental alienation assessments, high-conflict parenting consultations)

Important distinction: This policy describes how we manage information on our website and in general communications. Our clients also receive a separate HIPAA Notice of Privacy Practices upon their first appointment, which details your rights under federal law regarding your protected health information (PHI). In the event of any conflict, the HIPAA Notice controls for clinical clients. For forensic clients, special limitations described in Section 6 apply.

Information We Collect

We collect information in three ways: (1) information you voluntarily provide, (2) information automatically collected by our website, and (3) information from third parties (e.g., court referrals, attorneys).

Voluntarily Provided Information

When you contact us via our website contact form, email, or phone, you may provide:

  • Your name, email address, phone number
  • A brief description of your concerns (clinical or forensic)
  • For existing clients: appointment requests, billing inquiries, or record requests

Do not send sensitive clinical or forensic details through unencrypted email or our website contact form. While we take reasonable precautions, no internet transmission is completely secure.

Automatically Collected Website Information

Our website uses only strictly necessary cookies (see our Cookie Policy). We do not currently use Google Analytics, Facebook Pixel, or any marketing trackers. However, our web hosting service may collect standard server logs, including:

  • IP address (anonymized where possible)
  • Browser type and version
  • Date and time of access.
  • Referring website

This information is used solely for security and troubleshooting. It is not linked to your identity unless required by law enforcement or a court order.

Information from Third Parties

For forensic clients, we typically receive referral information from:

  • Family law attorneys
  • Court-appointed guardians ad litem
  • Texas family courts (via court order)
  • Parent coordinators or mediators

This information may include court pleadings, declarations of facts, child custody evaluations, and other legal documents. Such information is treated as part of the forensic record and is subject to court disclosure rules.

How We Use Your Information

We use your information for the following legitimate practice purposes:

  • To respond to inquiries about availability, fees, or whether our services match your needs.
  • To schedule or confirm appointments (currently by phone/email; no automated software in use).
  • To provide clinical services including assessment, diagnosis, therapy, and treatment planning.
  • To provide forensic services including psychological evaluations, expert testimony, and parenting consultations as ordered by a court or retained by an attorney.
  • To bill for services – Since we do not accept insurance, billing is direct to you or your attorney (with your authorization).
  • To comply with legal and ethical obligations including mandatory reporting of child abuse, elder abuse, or imminent harm to self/others, and responding to valid court orders or subpoenas.
  • To maintain practice records as required by Texas law (7 years for adult records; until age 25 for minor clients).

We never sell, rent, or trade your information to third parties for marketing purposes.

Legal Bases for Processing (USA Compliance)

Under U.S. privacy laws, including HIPAA and state-specific regulations, our processing of your information is based on:

Purpose

Legal Basis

Treatment (clinical)

HIPAA permitted use; Texas Occupations Code

Forensic evaluation

Court order, attorney retention, or your written consent

Payment

Contractual necessity (your agreement to pay fees)

Practice operations

Legitimate interest (e.g., record retention, security)

Legal compliance

Federal/state law (e.g., mandatory reporting)

For residents of California (if any visitor is from CA), this policy complies with the California Consumer Privacy Act (CCPA) to the extent applicable, though our practice has no physical presence in CA and does not meet CCPA revenue thresholds.

Cookies and Tracking Technologies

We use only strictly necessary cookies to ensure our website functions properly (e.g., session cookies for security). We do not use:

  • Analytics cookies
  • Advertising cookies
  • Social media cookies
  • Fingerprinting or any persistent tracking for marketing

You may disable cookies in your browser settings. However, some parts of our website may not work correctly. For full details, please see our separate Cookie Policy.

Special Considerations for Forensic Services

This section is critical for anyone involved in family law matters.

When Dr. Alvarez provides forensic services (e.g., court-ordered psychological evaluation, parental alienation assessment, or expert witness work), the usual therapist-patient privilege does not apply. Instead:

  • The “client” is the court, the attorney who retained Dr. Alvarez, or both parents (by court order).
  • Any information you provide during a forensic evaluation may be disclosed to:
    • The court
    • All attorneys of record
    • The opposing party (in some cases, the other parent)
    • Guardians’ ad litem
    • Child’s attorney ad litem
  • There is no confidentiality regarding the content of the forensic evaluation report. The report becomes a court document.
  • Dr. Alvarez may be compelled to testify about her findings, and your communications with her in the forensic context are not privileged under Texas Rule of Evidence 510 (psychologist-patient privilege) because no treatment relationship exists.
  • If you are also a clinical client of Dr. Alvarez (i.e., she treats you individually for depression or anxiety), that clinical record remains separate and confidential, except when the court orders disclosure or when the clinical information is relevant to the forensic question. In such rare cases, Dr. Alvarez will seek to limit disclosure.

By agreeing to a forensic evaluation, you acknowledge that you have read and understood this section.

Confidentiality Limits in Clinical Services

For clinical clients (women’s mental health, therapy for depression, anxiety, trauma, etc.), confidentiality is protected under Texas law and HIPAA, but it is not absolute. We must break confidentiality without your permission when:

  • There is a risk of imminent harm to yourself or others.
  • We suspect child abuse, neglect, or exploitation (mandatory reporting to Texas Department of Family and Protective Services).
  • We suspect elder abuse or abuse of a person with a disability (mandatory reporting).
  • A court orders disclosure (subpoena or court order). We will attempt to assert privilege on your behalf, but a judge may override it.
  • You file a complaint or lawsuit against Dr. Alvarez (in which case we may disclose records to defend ourselves).

Additionally, in high-conflict divorce situations, if both parents have legal custody of a minor child, both parents may have a right to access the child’s treatment records. We will handle such requests carefully, often seeking court guidance.

Your Rights Regarding Your Information

Under HIPAA and Texas Health & Safety Code Chapter 181, you have the following rights:

Right to Access Your Records

You have the right to inspect and obtain a copy of your psychological records. To request access, contact Dr. Alvarez at info@drmaryalvarez.com for detailed instructions. We may charge a reasonable fee for copying and mailing, as permitted by Texas law. We will respond within 30 days (extendable by 30 days with notice).

Exception: For forensic records, access may be limited if the court has restricted release, or if the records contain information about third parties (e.g., the other parent or child) that cannot be redacted.

Right to Request Amendments

If you believe your records are incorrect or incomplete, you may request an amendment. We may deny the request if the record is accurate and complete, or if it was created by another professional. We will notify you in writing of any denial.

Right to an Accounting of Disclosures

You may request a list of certain disclosures of your records made for reasons other than treatment, payment, or operations. This does not include disclosures made to you, with your authorization, or for legal compliance. The accounting covers the past 6 years.

Right to Request Restrictions

You may ask us to restrict how we use or disclose your information for treatment, payment, or operations. We are not required to agree, but if we do, we will honor the restriction except in emergencies or as required by law.

Right to Confidential Communications

You may request that we communicate with you by alternative means (e.g., email instead of phone) or at an alternative address. We will accommodate reasonable requests.

Right to a Paper Copy of this Policy and the HIPAA Notice

Upon request, we will provide a paper copy of this Privacy Policy and our HIPAA Notice of Privacy Practices, even if you usually receive electronic communications.

Right to Complain

If you believe your privacy rights have been violated, you may file a complaint with:

  • Dr. Mary Alvarez (Privacy Officer) – [add email] – we will not retaliate.
  • Texas Behavioral Health Executive Council (BHEC) – 1801 Congress Ave Ste 7.300, Austin, TX 78701 – 800-821-3205
  • Texas Attorney General (for health information privacy complaints) – 800-621-0508
  • U.S. Department of Health and Human Services Office for Civil Rights – 1-800-368-1019

Third-Party Software and Service Providers

Current status

As of the Effective Date above, Alvarez Psychological Services does not use any third-party software on our website or for practice management that collects client data. This means:

  • No online appointment scheduling platform (e.g., SimplePractice, Calendly)
  • No telehealth platform (sessions are in-person or by phone only unless otherwise arranged)
  • No online payment processor on our website

No patient portal

Future changes

If we add any third-party service (e.g., a HIPAA-compliant video platform like Zoom for Healthcare, or a practice management system), we will:

  • Sign a Business Associate Agreement (BAA) with that vendor as required by HIPAA.
  • Update this Privacy Policy at least 30 days before implementation.
  • Notify all active clients of the change via email.

For website hosting, we use a reputable provider that encrypts data in transit (HTTPS) and has security certifications. The hosting provider is bound by a Data Processing Agreement that prohibits them from using your information for any purpose other than hosting our website.

Data Security and Retention

Security Measures

We maintain physical, electronic, and procedural safeguards to protect your information:

  • Paper records are stored in locked filing cabinets in a locked office.
  • Electronic records (e.g., progress notes, emails) are stored on password-protected, encrypted devices.
  • Our website uses SSL/TLS encryption (HTTPS).
  • Email communication is not encrypted by default; we inform clients of this risk and offer alternatives (e.g., secure messaging if implemented in the future).
  • Access to records is limited to Dr. Alvarez and any supervised staff (currently none). Dr. Alvarez does not share records with unauthorized people.

Retention Period

Texas law (Texas Administrative Code § 653.3) requires licensed psychologists to retain records for:

  • Adult clients: 7 years after the last date of service.
  • Minor clients: 7 years after the client reaches age 18 (i.e., until age 25).

After the retention period, records are destroyed via secure shredding (paper) or digital wiping (electronic files).

Breach Notification

If unsecured protected health information is breached, we will notify you within 60 days as required by HIPAA and Texas law. The notice will describe what happened, what information was involved, and steps you can take to protect yourself. We will also report the breach to HHS and, if large enough, to media outlets.

No Insurance Billing and the No Surprises Act

Because Dr. Alvarez does not accept or file insurance, we do not share your information with health insurance companies. However, as a self-pay provider, we are still subject to the No Surprises Act and Texas state law regarding Good Faith Estimates.

  • You have the right to receive a Good Faith Estimate of the expected charges for clinical services before your first appointment.
  • You may dispute a bill that is substantially higher than the estimate through the federal dispute resolution process.
  • This does not apply to forensic services, as those are typically not considered “items or services” under the No Surprises Act for uninsured individuals (but we provide estimates anyway as a courtesy).

Our Good Faith Estimate is provided separately. It does not alter this Privacy Policy.

Children’s Privacy

Our website and services are directed to adults (parents seeking services for themselves or for their children, or adults in divorce proceedings). We do not knowingly collect information from children under thirteen without parental consent. If we become aware that a child under thirteen has provided personal information through our website, we will delete it immediately.

For minors receiving clinical services (with parental consent), the parent or legal guardian typically has access to the minor’s records, unless the minor is sixteen or older and consents to treatment independently under Texas law (Texas Family Code § 32.003). In such cases, we may restrict parental access. For forensic evaluations of a minor, both parents may have access rights unless a court orders otherwise.

Changes to This Privacy Policy

We reserve the right to update this Privacy Policy at any time. Material changes will be communicated as follows:

  • For website visitors: a notice banner on our homepage for 30 days.
  • For current clients: an email to the address you provided.
  • For all others: the updated policy will be posted with a new “Last Updated” date.

We encourage you to review this policy periodically. The most current version will always be available on our website.

Contact Information

For all privacy-related inquiries, complaints, access requests, or to exercise any of your rights described in Section 8, please contact:

Email: info@drmaryalvarez.com

Phone: 832-720-5020

For emergencies or immediate clinical concerns, do not use email. Call 911 or go to your nearest emergency room.

Effective Date and Acknowledgment

By using our website or contacting us for services, you acknowledge that you have read and understood this Privacy Policy. If you become a client, you will also sign a separate Informed Consent and HIPAA Acknowledgment form.