Current through Register Vol. 50, No. 9, September 20, 2024
A.
Written Informed Consent. A social worker shall protect all information
provided by or obtained about a client. Client information includes the social
worker's personal knowledge of the client and client records, written or
electronic. Except as provided herein, client information may be disclosed or
released only with the client's written informed consent. The written informed
consent shall explain to whom the client's information will be disclosed or
released and the purpose and time frame for the release of
information.
B. Release of Client
Information without Written Consent. A social worker may disclose client
information without the client's written consent only under the following
circumstances:
1. where required by federal
or state law, including mandatory reporting laws, requiring release of client
information;
2. where the treating
social worker has made a clinical judgment that a client has communicated a
significant threat of physical violence against an identifiable victim(s), with
the apparent intent and ability to carry out the threat. In such case, the
social worker has a duty to warn which is discharged by reasonable efforts to
communicate the threat to the potential victim(s) and to notify law enforcement
authorities in the vicinity of the client and the victim(s). See
R.S.
9:2800.2;
3. where one of the enumerated exceptions to
the healthcare provider-patient privilege, as specified in Article 510 of the
Louisiana Code of Evidence is applicable and the social worker is being
required to give testimony at trial (hearing) or at a legally authorized
deposition. See Article 510(E) of the Louisiana Code of Evidence;
4. where the social worker is the subject of
a malpractice or professional negligence claim relating to a client or former
client who is claiming damage or injury; the social worker may provide such
information that is directly and specifically related to the factual issues
pertaining to the social worker's alleged liability. However, in such a case,
information concerning the client's current treatment or condition may only be
disclosed pursuant to testimony at trial or legally authorized discovery
methods. See Article 510(F) of the Louisiana Code of Evidence;
5. where the social worker is required to
address allegations of a complaint brought by a client or former client which
are the subject of adjudication or disciplinary hearing involving the social
worker;
6. where the Louisiana
State Board of Social Work Examiners issues a lawful subpoena to a social
worker and the board provides adequate safeguards to maintain confidentiality
of client information or identify such as prescribed in
R.S.
13:3715.1(J).
C. Release of Client Records
without Written Consent. A social worker may release client records without the
client's written consent under the following circumstances:
1. where a client's authorized representative
consents in writing to the release;
2. where mandated by the federal or state law
requiring release of records;
3.
where circumstances described in
§115. B and
§115. B.4 apply and the
social worker is lawfully issued and served with a subpoena duce tecum which
complies with the formalities prescribed in
R.S.
13:3715.1.
4. where the circumstances described in
§115. B.5 and
§115. B.6 apply and the
social worker received a lawfully issued subpoena from the Louisiana State
Board of Social Work Examiners.
D. Limits of Confidentiality. The social
worker shall inform the client of the limits of confidentiality as provided
under applicable law. Confidentiality limits shall include, but are not limited
to, the following situations:
1. where
circumstances giving rise to the list of exceptions to the healthcare
provider-patient privilege listed in the Louisiana Code of Evidence Article
510;
2. where communications to the
social worker reveal abuse or neglect of children and elders which impose an
obligation on social workers as mandatory reporters under the
Children's Code article 609,
R.S.
14:403, and
R.S.
14:403.2. A social worker shall not be
considered a mandatory reporter in the limited circumstances specified in
Childrens Code article 603(b);
3. where communications to the social worker
relate to abuse or neglect of residents of healthcare facilities which impose
duty to report under
R.S.
40:2009.20;
4. where the social worker has a duty to warn
in relation to communications of threats of physical violence under
R.S.
9:2800.2;
5. where the social worker has been appointed
to conduct an evaluation for child custody or visitation by the court or where
prior communications to the social worker relate to the health conditions of a
client(s) who are parties to proceedings or custody or visitation of a child
and the condition has substantial bearing on the fitness of the person claiming
custody or visitation.
E. Confidentiality and Minor Clients. In
addition to the general directive in
§115 D, a social worker must inform a
minor client, at the beginning of a professional relationship, of any laws
which impose a limit on the right to privacy of a minor.
F. Third-Party Billing. A social worker shall
provide client information to a third party for the purpose of payment for
services rendered only with the client's written informed consent. The social
worker shall inform the client of the nature of the client information to be
disclosed or released to the third-party payor.
G. Continued Privacy of Information. A social
worker shall continue to maintain confidentiality of client information upon
termination of the professional relationship, including upon the death of the
client, except as provided under applicable law.
H. Recording/Observation. A social worker
shall obtain the client's written informed consent before the taping or
recording of a session or a meeting with the client, or before a third-party is
allowed to observe the session or meeting. The written informed consent shall
explain to the client the purpose of the observing, taping or recording, how
the taping or recording will be used, how it will be stored and when it will be
destroyed.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
37:2705(C).
