1. A provider of treatment, a
supervisor of treatment who is acting as a provider of treatment, or any other
staff member of the program does not disclose any confidential communications
made by an offender during the course of treatment or acquired through his or
her work with the program, except:
(a) Upon
the written consent of the offender;
(b) To the extent necessary to report the
status of the treatment of an offender to the court that ordered the offender
to participate in the program;
(c)
To the extent necessary to comply with the provisions of subsection 2 of NAC
228.180 or subsection 3 of NAC
228.195;
(d) Pursuant to an investigation or on-site
inspection by the Division;
(e) To
notify a person whom the provider of treatment believes may be at risk of
imminent danger because of threats made or behavior exhibited by the
offender;
(f) To report evidence of
child abuse or neglect to an agency which provides child welfare services or to
a law enforcement agency;
(g) To
report evidence of abuse, neglect, exploitation, isolation or abandonment of an
older person or vulnerable person to an entity described in
NRS
200.5093; or
(h) As otherwise required by
law.
2. Each staff member
of the program maintains a confidential record indicating the reason for the
treatment of the offender or the course and scope of treatment provided by a
provider of treatment.
3. No staff
member of the program discloses a confidential record or information contained
in such a record to another person except:
(a) Upon the written consent of the
offender;
(b) To the extent
necessary to report the status of the treatment of an offender to the court
that ordered the offender to participate in the program;
(c) To the extent necessary to comply with
the provisions of subsection 2 of NAC
228.180 or subsection 3 of NAC
228.195;
(d) Pursuant to an investigation or on-site
inspection by the Division;
(e) To
notify a person whom the provider of treatment believes may be at risk of
imminent danger because of threats made or behavior exhibited by the
offender;
(f) To report evidence of
child abuse or neglect to an agency which provides child welfare services or to
a law enforcement agency;
(g) To
report evidence of abuse, neglect, exploitation, isolation or abandonment of an
older person or vulnerable person to an entity described in
NRS
200.5093; or
(h) As otherwise required by
law.
4. A provider of
treatment:
(a) Informs each offender of the
provisions set forth in subsections 1 and 3; and
(b) Before providing any treatment to the
offender, obtains written consent from the offender in the form prescribed by
the Division that sets forth that a confidential communication made by the
offender and a confidential record relating to the offender or information
contained in such a record may be disclosed for any of the purposes set forth
in subsection 1 or 3.
Added to NAC by Com.
on Domestic Violence by R213-99, eff. 8-1-2000; A by
R159-17AP,
eff. 8/30/2018; A by
R071-20A,
eff. 7/28/2021
