NAC641C.425. Confidentiality of information.

     1. A licensed or certified alcohol and drug abuse counselor, a licensed clinical alcohol and drug abuse counselor, a certified alcohol and drug abuse counselor intern or a certified clinical alcohol and drug abuse counselor intern shall maintain the confidentiality of information subject to the standards of confidentiality set forth in the provisions of 42 C.F.R. Part 2 in compliance with those provisions. Failure by a licensed or certified alcohol and drug abuse counselor, a licensed clinical alcohol and drug abuse counselor, a certified alcohol and drug abuse counselor intern or a certified clinical alcohol and drug abuse counselor intern to maintain the confidentiality of information in accordance with this section and 42 C.F.R. Part 2 is a ground for disciplinary action by the Board against the licensed or certified alcohol and drug abuse counselor, licensed clinical alcohol and drug abuse counselor, certified alcohol and drug abuse counselor intern or certified clinical alcohol and drug abuse counselor intern.

     2. A certified problem gambling counselor or certified problem gambling counselor intern shall maintain the confidentiality of information subject to standards of confidentiality that are equivalent to the standards set forth in the provisions of 42 C.F.R. Part 2 for the confidentiality of alcohol and drug abuse patient records. Failure by a certified problem gambling counselor or certified problem gambling counselor intern to maintain the confidentiality of information in accordance with this section is a ground for disciplinary action by the Board against the certified problem gambling counselor or certified problem gambling counselor intern.

     3. A counselor or certified intern shall inform and obtain the authorization of a client if:

     (a) The counselor or certified intern intends to record any interview with the client; or

     (b) A person other than the counselor or certified intern will be observing an interview between the counselor or certified intern and the client.

     4. A counselor or certified intern shall ensure that he or she informs his or her clients about the limits of confidentiality.

     5. Except as otherwise provided by state or federal law, a counselor or certified intern shall not communicate any information contained in the confidential record of a client with any other person without the consent of the client. Except as otherwise prohibited by federal law, if a counselor or certified intern determines, based on the information contained in the confidential file of a client, that a clear and immediate danger to a person or to society exists, the counselor or certified intern may release that information only to members of the family of the client, other professional workers or public authorities.

     (Added to NAC by Bd. of Exam’rs for Alcohol & Drug Abuse Counselors by R097-00, eff. 8-9-2000; A by Bd. of Exam’rs for Alcohol, Drug & Gambling Counselors by R157-03, 12-16-2003; R185-07, 12-17-2008)