Current through Register Vol. 56, No. 18, September 16, 2024
(a) A licensee shall preserve the confidentiality
of information obtained from a client in the course of performing rehabilitation counseling services for the
client, except in the following circumstances:
1. Disclosure is required by
Federal or State law or regulation;
2. Disclosure is required by
the Board or the Office of the Attorney General during the course of an investigation;
3. Disclosure is required by a court of competent jurisdiction pursuant to
an order;
4. The licensee has information that the client
presents a clear and present danger to the health or safety of an individual;
5. The licensee is a party defendant to a civil, criminal or disciplinary
action arising from the rehabilitation counseling services provided, in which case a waiver of the privilege
accorded by this section shall be limited to that action; or
6.
The client agrees in writing to waive the privilege accorded by this section. In circumstances where more
than one person in a family is receiving rehabilitation counseling services, each family member who is at
least 18 years of age or older must agree to the waiver. Where required by Federal or State law, persons
under the age of 18 years of age must agree to the waiver. Absent a waiver of each family member, a licensee
shall not disclose any information received from any family member.
(b) A licensee shall establish and maintain procedures to protect client
records from access by unauthorized persons.
(c) A licensee shall
establish procedures for maintaining the confidentiality of client records in the event of the licensee's
relocation, retirement or death and shall establish reasonable procedures to assure the preservation of
client records.
(d) In the case of a client's death:
1. Confidentiality survives the client's death and a licensee shall
preserve the confidentiality of information obtained from the client in the course of the licensee's
teaching, practice or investigation;
2. The disclosure of
information in a deceased client's records is governed by the same provisions for living clients set forth in
13:34-27.3, 27.4 and 27.6; and
3. A licensee shall retain a deceased client's record for at least seven
years from the date of last entry, unless otherwise provided by law.
(e) A licensee may discuss the information obtained in clinical or
consulting relationships or in evaluating data concerning children, students, employees and others, only for
professional purposes and only with persons clearly connected with the case, as provided under applicable
State and Federal laws and regulations.
(f) A licensee may
reveal, in writing, lectures or other public forums, personal information obtained during the course of
professional work only as follows:
1. With prior consent of the clients or
persons involved; or
2. Where the identity of the client or
person involved is adequately disguised.
