Notice of Privacy Practices

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.

Fairclough Consulting Services, LLC (doing business as Freedom Change Success, or "FCS") is the practice of Dr. Keith A. Fairclough Jr., EdD, LMHC, CPC, NCC, ACS. This notice applies to therapy services only. It does not apply to coaching, workbooks, or courses offered at freedomchangesuccess.com, which are not health care and are not covered by HIPAA.

Effective date: November 1, 2026.

Our duties to you

  • We are required by law to keep your protected health information ("PHI") private, to give you this notice of our legal duties and privacy practices, and to notify you if a breach of your unsecured PHI occurs.
  • We must follow the terms of the notice currently in effect.
  • We may change this notice. Any change will apply to all PHI we hold, including information created before the change. The current notice is always posted at fcstherapylasvegas.com and is available on paper at your request.

How we may use and disclose your health information

For treatment

We use your information to provide counseling. Example: reviewing your intake and session notes to plan your care, or, with your written permission, coordinating with your physician or psychiatrist.

For payment

We use and share information needed to get paid. Example: if you use insurance, your name, dates of service, diagnosis code, and service code are sent to your insurer through Alma or Headway, the billing platforms we work with. If you self-pay, we share only what your payment processor needs to process your card.

For health care operations

We use information to run the practice responsibly. Example: reviewing our own records for quality, or consulting another licensed professional about your care without identifying you whenever possible.

Business associates

Alma, Headway, our telehealth and electronic record vendors, and our online booking tool handle PHI on our behalf. Each is bound by a written HIPAA business associate agreement requiring them to protect your information.

Appointment reminders and contact

We may contact you to remind you of appointments or to follow up on care, using the phone number, email, or text preference you give us. Email and standard text messaging are not secure. Please do not send clinical details that way; use them for scheduling only.

When confidentiality may or must be broken

We may use or disclose your information without your written permission only in these situations. These same exceptions appear in every FCS therapy document so there is never a surprise.

  • If you give written permission. In couples or family therapy, every adult participant must give written permission before information from joint sessions is released.
  • If Dr. Fairclough has reasonable cause to suspect that a child, an older adult, or a vulnerable adult is being abused, neglected, or exploited. He is a mandatory reporter in both Nevada and Florida (Nevada NRS 432B.220 and NRS 200.5093; Florida ss. 39.201 and 415.1034).
  • If you communicate a specific, explicit threat of imminent serious physical harm or death toward an identified or readily identifiable person, and Dr. Fairclough judges you have the intent and ability to carry it out. He may notify the potential victim and will notify law enforcement; in Nevada he may also seek emergency evaluation (Nevada NRS 629.550; Florida s. 491.0147).
  • If you are at imminent risk of seriously harming yourself and emergency services, or someone who can help keep you safe, must be involved.
  • If a court orders release of records or testimony, or when the law otherwise requires disclosure, for example in involuntary hospitalization proceedings, a court-ordered evaluation, or a lawsuit in which you place your mental condition at issue (Florida s. 90.503).
  • If you file a complaint or lawsuit against Dr. Fairclough, to the extent needed to respond.
  • As required by public health authorities, health oversight agencies (such as licensing boards or HHS), coroners or medical examiners, or for specialized government functions such as national security, as permitted by federal law.

Psychotherapy notes have extra protection

Dr. Fairclough may keep separate "psychotherapy notes": his private analysis of your conversations, kept apart from your clinical record. These notes are never shared for payment or operations and are released only with your specific written authorization, unless the law requires otherwise. Your clinical record (dates, diagnosis, treatment plan, progress summaries, billing) is a different document and is what insurers or other providers receive when authorized.

Uses that always require your written authorization

  • Any release of psychotherapy notes.
  • Marketing communications. FCS does not use your health information for marketing.
  • Sale of your health information. FCS never sells health information.
  • Any other use not described in this notice.

You may revoke an authorization in writing at any time, except to the extent we have already acted on it. Information released under an authorization may be re-disclosed by the recipient and may no longer be protected by HIPAA.

Couples and family therapy records

When two or more people attend therapy together, the couple or family is considered "the client," and there is one shared clinical record for the joint work. Information shared in individual meetings with one partner during couples work is handled under the policy described in your informed consent.

Minors

A parent or legal guardian generally must consent to a minor's therapy and generally has the right to the minor's record. Two exceptions matter here:

  • In Florida, a minor age 13 or older may consent on their own to outpatient crisis intervention and evaluation services, limited to two visits in any one-week period, after which parental consent is required (Florida s. 394.4784).
  • In Nevada, a minor may consent on their own only in specific situations: if married, emancipated, living apart from their parents, a parent themselves, or facing a serious health hazard without care (Nevada NRS 129.030 and 129.130). Nevada has no general minor-consent right for counseling.

When parents are divorced or separated, the custody order controls who may consent and who may receive records. Services are primarily offered to adults; any work with a minor is arranged in advance with the consenting parent or guardian.

Telehealth

Telehealth sessions use a HIPAA-compliant, encrypted video platform covered by a business associate agreement. Sessions are not recorded by FCS, and you agree not to record them. You must be physically located in Nevada or Florida at the time of each session, and you must tell Dr. Fairclough your location at the start of each session for safety and licensing reasons.

Your rights

  • Access. You may inspect and receive a copy of your clinical record, usually within 30 days. A reasonable, cost-based copying fee may apply. Access may be limited in rare cases where release would be reasonably likely to endanger you or another person; you may request a review of that decision.
  • Amendment. You may ask us to correct information you believe is wrong or incomplete. We may decline, in writing with a reason, and you may add a statement of disagreement to your record.
  • Accounting of disclosures. You may request a list of disclosures made in the past six years for reasons other than treatment, payment, operations, or those you authorized.
  • Restrictions. You may ask us to limit how we use or share your information. We are not required to agree, except that if you pay in full out of pocket for a service and ask us not to share it with your health plan, we must honor that request.
  • Confidential communications. You may ask to be contacted a certain way or at a certain place (for example, only by cell phone, or no voicemail). We will honor reasonable requests.
  • Paper copy. You may receive a paper copy of this notice at any time, even if you agreed to receive it electronically.
  • Breach notification. You will be notified in writing if a breach of your unsecured PHI occurs.
  • Complaint. You may complain to us or to the U.S. Department of Health and Human Services. We will never retaliate against you for filing a complaint.

Record retention

Florida requires that a full record of services be kept for seven years after your last contact (Fla. Admin. Code 64B4-9.001). Nevada requires that health care records be kept at least five years after they are created or received, and a minor's records may not be destroyed before the person turns 23 (Nevada NRS 629.051). FCS keeps records for the longer of these periods, after which they may be securely destroyed. Nevada law requires us to tell you at your first visit that records may be destroyed after that period; this notice serves as that written statement.

How to file a complaint

With FCS: Dr. Keith A. Fairclough Jr., Privacy Officer, Fairclough Consulting Services, LLC, 2054 Vista Parkway, Emerald View, Suite 400, West Palm Beach, FL 33411. Phone (561) 309-3507. Email Info@fcstherapylasvegas.com (do not include clinical details in email).

With the federal government: Office for Civil Rights, U.S. Department of Health and Human Services, Centralized Case Management Operations, 200 Independence Avenue SW, Room 509F HHH Building, Washington, DC 20201. Online at ocrportal.hhs.gov. Email OCRComplaint@hhs.gov. Phone 1-800-368-1019. Complaints must be filed within 180 days of when you knew of the act.

With your state licensing board: see the Professional Disclosure Statement for Florida and Nevada board contact information.

Questions

Contact Dr. Fairclough, Privacy Officer, at (561) 309-3507 or Info@fcstherapylasvegas.com.

Last updated: November 1, 2026

This page was prepared to reflect current professional and legal standards and is pending final attorney review.