N.J. Admin. Code § 13:34C-4.5

Current through Register Vol. 56, No. 24, December 18, 2024

Section 13:34C-4.5 - Confidentiality

(a) Any communication between a licensee or a certificate holder and the person or persons counseled while performing counseling shall be confidential and its secrecy preserved.

(b) All licensees or certificate holders shall comply with the provisions of 42 CFR Part 2.

(c) The privilege set forth in (a) above shall not be subject to waiver except in the following circumstances:

1. When disclosure is required by Federal or State law including, but not limited to, N.J.S.A. 2A:62A-16, 2A:62A-17 and 9:6-8.10; or

2. When the licensee or certificate holder is a party defendant to a civil, criminal or disciplinary action arising from that counseling, in which case the waiver of the privilege shall be limited to that action.

(d) Confidentiality is applicable to both adults and minors in conformance with Federal and State law.

(e) A licensee or certificate holder shall secure a signed release from all persons who are referred to in family counseling notes prior to release of such notes to a third party.

N.J. Admin. Code § 13:34C-4.5