NAC641A.447. Informal complaints: Confidentiality.

     1. Except as otherwise provided in this subsection, the staff, legal counsel for the Board and investigator, if any, shall keep all information gathered during an investigation of a complaint confidential during the investigation. Except as otherwise provided in this section, nothing in this subsection prohibits the staff, legal counsel for the Board or investigator, if any, from:

     (a) If the confidential information to be communicated is relevant to the investigation or regulation of the person or program by another agency or board, communicating confidential information to, or otherwise cooperating with, another agency or board that:

          (1) Is investigating a person licensed by the Board;

          (2) Is investigating a program in which a person licensed by the Board is engaging in the practice of marriage and family therapy or the practice of clinical professional counseling; or

          (3) Regulates or has jurisdiction over the violations of law alleged in a complaint; or

     (b) Communicating confidential information to the operator of a program, or his or her designee, if the complaint to which the confidential information relates:

          (1) Is filed against a person who is a member of the staff of that program; and

          (2) Alleges the existence of a condition which poses a significant hazard to the health or safety of the clients and staff of, and the visitors to, the program.

     2. Notwithstanding any provision of this section to the contrary, information which is subject to the standards of confidentiality set forth in 42 C.F.R. Part 2 may be communicated by the Board, staff, legal counsel for the Board or investigator, if any, only if such communication does not violate those standards of confidentiality.

     (Added to NAC by Bd. of Exam’rs for Marriage & Fam. Therapists by R173-03, eff. 8-20-2004; A by Bd. of Exam’rs for Marriage & Fam. Therapists & Clinical Prof. Counselors by R060-08, 9-18-2008)