NAC228.160. Confidentiality.

An organization that operates a program shall ensure that:

     1. A provider of treatment, a supervisor of treatment who is acting as a provider of treatment, or any other staff member of the program does not disclose any confidential communications made by an offender during the course of treatment or acquired through his or her work with the program, except:

     (a) Upon the written consent of the offender;

     (b) To the extent necessary to report the status of the treatment of an offender to the court that ordered the offender to participate in the program;

     (c) To the extent necessary to comply with the provisions of subsection 2 of NAC 228.180 or subsection 3 of NAC 228.195;

     (d) Pursuant to an investigation or on-site inspection by the Committee;

     (e) To notify a person whom the provider of treatment believes may be at risk of imminent danger because of threats made or behavior exhibited by the offender;

     (f) To report evidence of child abuse or neglect to an agency which provides child welfare services or to a law enforcement agency;

     (g) To report evidence of abuse, neglect, exploitation or isolation of an older person to an entity described in NRS 200.5093; or

     (h) As otherwise required by law.

     2. Each staff member of the program maintains a confidential record indicating the reason for the treatment of the offender or the course and scope of treatment provided by a provider of treatment.

     3. No staff member of the program discloses a confidential record or information contained in such a record to another person except:

     (a) Upon the written consent of the offender;

     (b) To the extent necessary to report the status of the treatment of an offender to the court that ordered the offender to participate in the program;

     (c) To the extent necessary to comply with the provisions of subsection 2 of NAC 228.180 or subsection 3 of NAC 228.195;

     (d) Pursuant to an investigation or on-site inspection by the Committee;

     (e) To notify a person whom the provider of treatment believes may be at risk of imminent danger because of threats made or behavior exhibited by the offender;

     (f) To report evidence of child abuse or neglect to an agency which provides child welfare services or to a law enforcement agency;

     (g) To report evidence of abuse, neglect, exploitation or isolation of an older person to an entity described in NRS 200.5093; or

     (h) As otherwise required by law.

     4. A provider of treatment:

     (a) Informs each offender of the provisions set forth in subsections 1 and 3; and

     (b) Before providing any treatment to the offender, obtains written consent from the offender on a form prescribed by the Committee that sets forth that a confidential communication made by the offender and a confidential record relating to the offender or information contained in such a record may be disclosed for any of the purposes set forth in subsection 1 or 3.

     (Added to NAC by Com. on Domestic Violence by R213-99, eff. 8-1-2000)