New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter X - Alcoholism
Part 305 - Preventive Counseling Services For Children Of Alcoholics Or Alcohol Abusers
Section 305.9 - Confidentiality
Current through Register Vol. 46, No. 12, March 20, 2024
(a) In all cases where preventive alcoholism counseling services are provided to children, extra precautions shall be taken to protect confidentiality. Appropriate release of information forms shall be signed by a child for each disclosure made to another person or agency. Such release must have an expiration date no longer than 90 days after its execution and must comply with federal regulations concerning confidentiality of alcohol patient records (42 CFR part 2).
(b) If preventive counseling services are provided to a child without parental consent, only the child's written consent is necessary to disclose information, and the written consent of the parent may not be sought.
(c) If preventive counseling services are provided to a child with parental consent, the written consent of both the child and the parent must be acquired in order to disclose information. The child's consent must be sought first, and, if the child refuses to consent, parental consent shall not be sought.
(d) If HIV-related information is obtained during the course of providing preventive counseling services, such information shall be maintained and released only pursuant to the Federal confidentiality regulations, when applicable, and Part 309 of this Title.
