La. Admin. Code tit. 46 § LXIII-1309

Current through Register Vol. 50, No. 8, August 20, 2024

Section LXIII-1309 - Privacy and Confidentiality

A. Maintaining Confidentiality. Psychologists have a primary obligation and take reasonable precautions to protect confidential information obtained through or stored in any medium, recognizing that the extent and limits of confidentiality may be regulated by law or established by institutional rules or professional or scientific relationship.

B. Discussing the Limits of Confidentiality

1. Psychologists discuss with persons (including, to the extent feasible, persons who are legally incapable of giving informed consent and their legal representatives) and organizations with whom they establish a scientific or professional relationship:

a. the relevant limits of confidentiality; and

b. the foreseeable uses of the information generated through their psychological activities.

2. Unless it is not feasible or is contraindicated, the discussion of confidentiality occurs at the outset of the relationship and thereafter as new circumstances may warrant.

3. Psychologists who offer services, products, or information via electronic transmission inform clients/patients of the risks to privacy and limits of confidentiality.

C. Recording

1. Before recording the voices or images of individuals to whom they provide services, psychologists obtain permission from all such persons or their legal representative.

D. Minimizing Intrusions on Privacy

1. Psychologists include in written and oral reports and consultations only information germane to the purpose for which the communication is made.

2. Psychologists discuss confidential information obtained in their work only for appropriate scientific or professional purposes and only with persons who have a legal or legitimate right to such information.

E. Disclosures

1. Psychologists may disclose confidential information with the appropriate consent of the organizational client, the individual client/patient or another legally authorized person on behalf of the client/patient unless prohibited by law.

2. Psychologists disclose confidential information without the consent of the individual only as mandated by law, or where permitted by law for a valid purpose such as to:

a. provide needed professional services;

b. obtain appropriate professional consultations;

c. protect the client/patient, psychologist, or others from harm; or

d. obtain payment for services from a client/patient, in which instance disclosure is limited to the minimum that is necessary to achieve the purpose.

F. Consultations

1. When consulting with colleagues psychologists do not disclose confidential information that reasonably could lead to the identification of a client/patient, research participant or other person or organization with whom they have a confidential relationship unless they have obtained the prior consent of the person or organization or the disclosure cannot be avoided.

2. When consulting with colleagues psychologists disclose information only to the extent necessary to achieve the purposes of the consultation.

G. Use of Confidential Information for Didactic or Other Purposes

1. Psychologists do not disclose in their writings, lectures or other public media, confidential, personally identifiable information concerning their clients/patients, students, research participants, organizational clients or other recipients of their services that they obtained during the course of their work, unless they take reasonable steps to disguise the person or organization, obtain written consent from the person or organization, or there is documented legal authorization for doing so.

La. Admin. Code tit. 46, § LXIII-1309

Promulgated by the Department of Health, Board of Examiners of Psychologists, LR 431166 (6/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2353.