Section 514-8-A-6 - ConfidentialityThe counselor holds in confidence all information obtained, generated or documented in the course of providing counseling. Physical records created by the counselor are the property of the counselor or the counselor's employer. The information contained in the records belongs to the client and therefore may not be disclosed to others without the consent of the client, except in accordance with 32 MRSA §13862 or 22 MRSA §22 MRSA§ 1711-C. The counselor safeguards client confidences and client records to the maximum extent permitted by law.
Except as described below for couples and family counseling, a counselor does not disclose client information to a person other than the client unless:
(a) the client or an authorized representative of the client has executed a written release in conformity with 22 MRSA §1711-C and other applicable law; or (b) the disclosure is permitted by 32 MRSA §13862, 22 MRSA §22 MRSA§ 1711-C or other applicable law. In couples and family counseling, the counselor determines which person or persons are the client or clients. The counselor discusses this determination with the client or clients and documents the discussion and determination in clinical notes. If additional persons become clients in the counseling relationship, the counselor confirms this status with the existing client(s) and documents this discussion and determination in clinical notes.
In couples and family counseling, the counselor discusses and reaches agreement with multiple clients as to:
(a) the expectations and limitations of confidentiality among them; and (b) the extent to which the counselor can share client information with family or household members consulted by the counselor in the course of providing professional services. The counselor documents this agreement and any revisions to it on an ongoing basis in clinical notes. Misconduct includes, but is not limited to, the following:
1. Disclosing client information to a person other than the client without a written release authorizing the disclosure or as otherwise permitted by this Section;2. In couples and family counseling, failing to follow the procedures described in this Section for the determination of multiple clients and the sharing of client information among clients or with family or household members;3. Failing to obtain written informed consent from each client before electronically recording sessions with that client or before permitting third party observation of their sessions;4. Failing to protect the confidences of the client from disclosure by employees, associates, and others whose services are utilized by the counselor;5. Failing to fully disguise the identity of the client when using material derived from a counseling relationship for purposes of training or research;6. Disclosing records of a client's diagnosis, prognosis or treatment relating to substance abuse in violation of 42 USC §290dd-2; and7. Disclosing a client's HIV infection status in violation of 5 MRSA Chapter 501.02-514 C.M.R. ch. 8, § A-6