NAC641.224. Confidential information.

     1. If a psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist provides services to an organization, information he or she obtains in the course of providing the services is confidential, including any personal information concerning a person in the organization if the information was properly obtained within the scope of his or her professional contract with the organization. Personal information concerning a person in the organization is subject to the confidential control of the organization unless the person who disclosed the information had a reasonable expectation that the information was disclosed pursuant to a separate professional relationship with the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist and would not be disclosed to the organization.

     2. During the course of a professional relationship with a patient or client and after the relationship is terminated, a psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist shall protect all confidential information obtained in the course of his or her practice, teaching or research, or in the performance of any other services related to his or her profession. Except as otherwise provided in this section, a psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist may disclose confidential information only if he or she obtains the informed written consent of the patient or client.

     3. A psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist may disclose confidential information without the informed written consent of a patient or client if the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist believes that disclosure of the information is necessary to protect against a clear and substantial risk of imminent serious harm by the patient or client to the patient or client or another person and:

     (a) The disclosure is limited to such persons and information as are consistent with the standards of the profession of psychology or applied behavior analysis in addressing such problems.

     (b) If the patient or client is an organization, the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist has made a reasonable but unsuccessful attempt to correct the problems within the organization.

     4. A psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist may disclose confidential information without the informed written consent of a patient or client if:

     (a) A member of the judiciary, or a court magistrate or administrator to whom authority has been lawfully delegated, orders the disclosure; or

     (b) Disclosure is required by a state or federal law or regulation, including a law or regulation that requires a psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist to report the abuse of a child or elderly person.

     5. If a psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist renders services to more than one person, including services rendered to an organization, family, couple, group, or a child and a parent, the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist shall, before he or she begins to render the services, explain to each person the relevant limitations on confidentiality during the course of the professional relationship. If appropriate, the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist shall grant to each person an opportunity to discuss and accept the limitations on confidentiality that will apply.

     6. If a patient or client is a child or has a legal guardian, a psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist shall, before he or she renders services, inform the patient or client to the extent that the patient or client can understand, of any legal limitations on the confidentiality of communications with the psychologist.

     7. With the written consent of a patient, a psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist shall provide in a timely manner to another responsible professional who is treating the patient or client any information which is important for the professional to know in making decisions concerning the ongoing diagnosis and treatment of the patient or client.

     8. If a psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist uses the case history of a patient or client in his or her teaching, research or published reports, he or she shall exercise reasonable care to ensure that all confidential information is appropriately disguised to prevent the identification of the patient or client.

     9. A psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist shall:

     (a) Store and dispose of any written, electronic or other records in a manner which ensures the confidentiality of the content of the records;

     (b) Limit access to the records of his or her patients or clients to protect the confidentiality of the information contained in the records;

     (c) Ensure that all persons working under his or her authority comply with the requirements of this section to protect the confidentiality of each patient or client; and

     (d) Obtain the informed written consent of a patient or client before the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist electronically records or allows another person to observe a diagnostic interview or therapeutic session with the patient or client.

     10. As used in this section, “confidential information” means information disclosed by a patient or client to a psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist during the course of a professional relationship, or otherwise obtained by the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist during the course of the relationship, if there is a reasonable expectation that because of the relationship between the patient or client and the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist or the circumstances under which the information was obtained, the information will not be disclosed by the psychologist, licensed behavior analyst, licensed assistant behavior analyst or certified autism behavior interventionist without the informed written consent of the patient or client.

     (Added to NAC by Bd. of Psychological Exam’rs, eff. 12-28-95; A by R089-03, 1-18-2005; R209-09, 10-15-2010)