N.J. Admin. Code § 13:34D-5.5

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

Section 13:34D-5.5 - Confidentiality

(a) A licensee shall preserve the confidentiality of information obtained from a client in the course of performing art therapy services for the client, except in the following circumstances:

1. Disclosure is required by Federal or State law, rule, or regulation;

2. Disclosure is required by the Board, Committee, 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 an individual;

5. The licensee is a party defendant to a civil, criminal, or disciplinary action arising from the art therapy services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action; or

6. The client agrees, in writing, to waive the privilege accorded by this section. In circumstances where more than one person in a family is receiving art 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 of each family member, a licensee shall not disclose any information received from any family member.

(b) A licensee shall establish and maintain written procedures to protect client records from access by unauthorized persons.

(c) A licensee shall establish written procedures for maintaining the confidentiality of client records in the event of the licensee's relocation, retirement, or death and shall establish reasonable written procedures to ensure the preservation of client records.

(d) In the case of a client's death:

1. Confidentiality survives the client's death and a licensee shall preserve the confidentiality of information obtained from the client in the course of the licensee's teaching, practice, or investigation;

2. The disclosure of information in a deceased client's records is governed by the same provisions for living clients set forth at N.J.A.C. 13:34D-5.3, 5.4, and 5.6; and

3. A licensee shall retain a deceased client's record for at least seven years from the date of last entry, unless otherwise provided by law.

(e) A licensee may discuss the information obtained in clinical or consulting relationships, or in evaluating data concerning children, students, employees, and others, only for professional purposes and only with persons clearly connected with the case, as provided under applicable State and Federal laws, rules, and regulations.

(f) A licensee may reveal, in writing, lectures, or other public forums, personal information obtained during the course of professional work only as follows:

1. With prior consent of the clients or persons involved; or

2. Where the identity of the client or person involved is adequately disguised.

N.J. Admin. Code § 13:34D-5.5

Adopted by 51 N.J.R. 1674(a), effective 11/18/2019