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Practice Guidelines
Law, rules and regulations, not Guidelines, specify the
requirements for practice and violating them constitutes
professional misconduct. Not adhering to this Guideline may be
interpreted as professional misconduct only if the conduct also
violates pertinent law, rules and regulations, some citations of
which are listed at the end of this Guideline.
2. Maintaining Confidentiality
- 2.1
- Clearly advise clients at the outset of service, preferably
in writing, of the nature of the confidentiality privilege and of
the relevant exclusions, such as reporting suspicion of neglect
or abuse of children, or reporting probable danger to self or
others.
- 2.2
- Clarify with clients how confidential information will be
managed within a professional agency or organization, within
supervisory or consultative relationships, and with colleagues
who may provide coverage in your absence.
- 2.3
- When seeing legally dependent clients (e.g., minors) or more
than one client together (e.g., family or group services),
clarify the ways in which individual confidences will be
managed.
- 2.4
- Before sharing personally identifiable facts, data, or
similar information with others (e.g., family members, third
party payers, other agencies), secure the informed consent of the
client, preferably in writing, except as otherwise authorized or
required by law.
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Citations of Pertinent Law, Rules or Regulations:
Education Law, section
6509(9) - unprofessional conduct
Civil Practice Laws
and Rules, section 4508 - privileged communication
Regents Rules, part 29.1(b)(7) - failing
to release requested records
Regents Rules, part 29.1(b)(8) -
revealing information without patient/client consent
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