Nev. Admin. Code § 641C.425 - Confidentiality of information
1. A licensed or
certified alcohol and drug abuse counselor, a licensed clinical alcohol and
drug abuse counselor, a certified alcohol and drug abuse counselor intern or a
certified clinical alcohol and drug abuse counselor intern shall maintain the
confidentiality of information subject to the standards of confidentiality set
forth in the provisions of the Health Insurance Portability and Accountability
Act of 1996, Public Law
104-191 , as amended, 42 C.F.R. Part 2 and 45
C.F.R. Parts 160 and 164. Failure by a licensed or certified alcohol and drug
abuse counselor, a licensed clinical alcohol and drug abuse counselor, a
certified alcohol and drug abuse counselor intern or a certified clinical
alcohol and drug abuse counselor intern to maintain the confidentiality of
information in accordance with this section, the Health Insurance Portability
and Accountability Act of 1996,
Public Law
104-191 , as amended, 42 C.F.R. Part 2 and 45
C.F.R. Parts 160 and 164 is a ground for disciplinary action by the Board
against the licensed or certified alcohol and drug abuse counselor, licensed
clinical alcohol and drug abuse counselor, certified alcohol and drug abuse
counselor intern or certified clinical alcohol and drug abuse counselor
intern.
2. A certified problem
gambling counselor or certified problem gambling counselor intern shall
maintain the confidentiality of information subject to standards of
confidentiality that are equivalent to the standards set forth in the
provisions of the Health Insurance Portability and Accountability Act of 1996,
Public Law
104-191 , as amended, 42 C.F.R. Part 2 and 45
C.F.R. Parts 160 and 164 for the confidentiality of alcohol and drug abuse
patient records. Failure by a certified problem gambling counselor or certified
problem gambling counselor intern to maintain the confidentiality of
information in accordance with this section is a ground for disciplinary action
by the Board against the certified problem gambling counselor or certified
problem gambling counselor intern.
3. A counselor or certified intern shall
inform and obtain the authorization of a client if:
(a) The counselor or certified intern intends
to record any interview with the client; or
(b) A person other than the counselor or
certified intern will be observing an interview between the counselor or
certified intern and the client.
4. A counselor or certified intern shall
ensure that he or she informs his or her clients about the limits of
confidentiality.
5. Except as
otherwise provided by state or federal law, a counselor or certified intern
shall not communicate any information contained in the confidential record of a
client with any other person without the consent of the client. Except as
otherwise prohibited by federal law, if a counselor or certified intern
determines, based on the information contained in the confidential file of a
client, that a clear and immediate danger to a person or to society exists, the
counselor or certified intern may release that information only to members of
the family of the client, other professional workers or public
authorities.
Notes
NRS 641C.200
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