La. Admin. Code tit. 46 § LX-4301

Current through Register Vol. 50, No. 11, November 20, 2024

Section LX-4301 - Privileged Communication with Clients

A. Licensees disclose to clients and other interested parties, as early as feasible in their professional contacts, the nature of confidentiality in the therapeutic process and possible limitations of the clients' right to confidentiality. Licensees review with clients the circumstances where confidential information may be requested and where disclosure of confidential information may be legally required. Circumstances may necessitate repeated disclosures. Licensees also shall be aware of specific ethical requirements concerning marriage and family therapy as specified in the Code of Ethics (Chapter 47) and in §4301 C

B. Licensees do not disclose client confidences except by written authorization or waiver, court order, or where mandated or specifically permitted by law, or reasonably necessary to protect the client or other parties from a clear and imminent threat of serious physical harm. Verbal authorization may be sufficient in emergency situations or where otherwise permitted by law.

C. Licensees shall be cognizant of and adhere to any confidentiality requirement that may differ from requirements in other licenses they hold. Licensees have unique confidentiality concerns because the client in a therapeutic relationship may be more than one person. Licensees respect and guard the confidences of each individual client within the system of which they are working as well as the confidences of the system.

1. When providing couple, family, or group treatment, a licensee shall not disclose information outside the treatment context without a written authorization from each individual competent to execute a waiver.

2. In the context of couple, family, or group treatment, the licensee may not reveal any individual's confidences to others in the client unit without the prior written permission of that individual.

La. Admin. Code tit. 46, § LX-4301

Promulgated by the Department of Health and Hospitals, Licensed Professional Counselors Board of Examiners, LR 29:167 (February 2003), Amended by LR 41755 (4/1/2015).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1101-1123.