NAC641C.560. Complaints: Confidentiality of information during investigation.

     1. Except as otherwise provided in this subsection, the staff, legal counsel 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 or investigator from:

     (a) Communicating confidential information to, or otherwise cooperating with, another agency or board that:

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

          (2) Is investigating a program in which a person licensed or certified by the Board is engaging in the practice of counseling alcohol and drug abusers, the clinical practice of counseling alcohol and drug abusers or the practice of counseling problem gamblers; or

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

Ê if the confidential information to be communicated is relevant to the investigation or regulation of the person or program by the other agency or board; or

     (b) Communicating confidential information with 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 or investigator, if any, only if such communication does not violate those standards of confidentiality.

    (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)