N.J. Admin. Code § 13:42-8.5

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

Section 13:42-8.5 - Confidentiality

(a) A licensee shall preserve the confidentiality of information obtained from a client in the course of the licensee's teaching, practice or investigation. However, the licensee shall reveal the information to appropriate professional workers, public authorities and the threatened individual(s) or their representatives only, if in the licensee's judgment, exercised in accordance with the standards of the profession, any one of the following circumstances occur:

1. There is a clear and imminent danger to the individual or the public;

2. There is probable cause to believe that an identifiable potential victim of a client is likely to be in danger; or

3. Release of such information is otherwise mandated by law, such as, but not limited to, N.J.S.A. 2A:62A-17.

(b) 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 patients set forth in N.J.A.C. 13:42-8.3, 8.4 and 8.5; 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.

(c) 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.

(d) 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.

(e) A licensee may share confidential communications with other parties interested therein, in a non-public forum, only where the original source and other persons involved have given their express permission to do so.

(f) A licensee may reveal the identity of research subjects only if the subjects have granted explicit permission.

(g) A licensee may release confidential documents, testimony or other information contained in the client record only in accordance with the provisions of N.J.A.C. 13:42-8.3 and this section.

N.J. Admin. Code § 13:42-8.5

Amended by R.2004 d.140, effective 4/5/2004.
See: 35 N.J.R. 5039(a), 36 N.J.R. 1815(a).
Added new (b); recodified former (b) through (f) as new (c) through (g).