N.J. Admin. Code § 13:42A-6.3

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

Section 13:42A-6.3 - Confidentiality

(a) A State-certified psychoanalyst shall preserve the confidentiality of information from a patient in the course of the State-certified psychoanalyst's teaching, practice or investigation. However, the State-certified psychoanalyst shall reveal the information to appropriate professionals, public authorities and threatened individual(s) or their representatives only if in the State-certified psychoanalyst'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 patient is likely to be in danger; or

3. Release of such information is otherwise mandated by law.

(b) In the case of a patient's death:

1. Confidentiality survives the patient's death and a State-certified psychoanalyst shall preserve the confidentiality of information obtained from the patient in the course of the patient's teaching, practice or investigation.

2. The disclosure of information in a deceased patient's records is governed by the same provisions for living patients set forth in (a) above and N.J.A.C. 13:42A-6.2; and

3. A State-certified psychoanalyst shall retain a deceased patient's record for at least seven years from the date of last entry, unless otherwise provided by law.

(c) A State-certified psychoanalyst 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 State-certified psychoanalyst 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 patients or persons involved; or

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

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

(f) A State-certified psychoanalyst may reveal the identity of research subjects only if the subjects have granted explicit permission.

(g) A State-certified psychoanalyst may release confidential documents, testimony or other information contained in the patient record only in accordance with the provisions of N.J.A.C. 13:42A-6.2 and this section.

N.J. Admin. Code § 13:42A-6.3