N.J. Admin. Code § 13:34-8.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:34-8.3 - Confidentiality

(a) A licensee shall preserve the confidentiality of information obtained from a client in the course of performing marriage and family therapy 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 self and/or others;

5. The licensee is a party defendant to a civil, criminal or disciplinary action arising from the marriage and family therapy services provided, in which case disclosure shall be limited to that action; or

6. The patient or client agrees, in writing, to waive the privilege accorded by this section. In circumstances when more than one person in a family is receiving marriage and family therapy 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 by 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.

N.J. Admin. Code § 13:34-8.3

Repeal and New Rule, R.2004 d.158, effective 4/19/2004.
See: 35 N.J.R. 5228(a), 36 N.J.R. 1943(a).
Section was "Confidentiality".
Recodified from N.J.A.C. 13:34-7.3 by R.2008 d.56, effective 3/17/2008.
See: 39 N.J.R. 840(a), 40 N.J.R. 1674(a).
Former N.J.A.C. 13:34-8.3, Approval of continuing education programs and courses, recodified to N.J.A.C. 13:34-9.3.