La. Admin. Code tit. 46 § XXV-115

Current through Register Vol. 50, No. 9, September 20, 2024

Section XXV-115 - Client Confidentiality

A. Written Informed Consent. A social worker shall protect all information provided by or obtained about a client. Client information includes the social worker's personal knowledge of the client and client records, written or electronic. Except as provided herein, client information may be disclosed or released only with the client's written informed consent. The written informed consent shall explain to whom the client's information will be disclosed or released and the purpose and time frame for the release of information.

B. Release of Client Information without Written Consent. A social worker may disclose client information without the client's written consent only under the following circumstances:

1. where required by federal or state law, including mandatory reporting laws, requiring release of client information;

2. where the treating social worker has made a clinical judgment that a client has communicated a significant threat of physical violence against an identifiable victim(s), with the apparent intent and ability to carry out the threat. In such case, the social worker has a duty to warn which is discharged by reasonable efforts to communicate the threat to the potential victim(s) and to notify law enforcement authorities in the vicinity of the client and the victim(s). See R.S. 9:2800.2;

3. where one of the enumerated exceptions to the healthcare provider-patient privilege, as specified in Article 510 of the Louisiana Code of Evidence is applicable and the social worker is being required to give testimony at trial (hearing) or at a legally authorized deposition. See Article 510(E) of the Louisiana Code of Evidence;

4. where the social worker is the subject of a malpractice or professional negligence claim relating to a client or former client who is claiming damage or injury; the social worker may provide such information that is directly and specifically related to the factual issues pertaining to the social worker's alleged liability. However, in such a case, information concerning the client's current treatment or condition may only be disclosed pursuant to testimony at trial or legally authorized discovery methods. See Article 510(F) of the Louisiana Code of Evidence;

5. where the social worker is required to address allegations of a complaint brought by a client or former client which are the subject of adjudication or disciplinary hearing involving the social worker;

6. where the Louisiana State Board of Social Work Examiners issues a lawful subpoena to a social worker and the board provides adequate safeguards to maintain confidentiality of client information or identify such as prescribed in R.S. 13:3715.1(J).

C. Release of Client Records without Written Consent. A social worker may release client records without the client's written consent under the following circumstances:

1. where a client's authorized representative consents in writing to the release;

2. where mandated by the federal or state law requiring release of records;

3. where circumstances described in §115. B and §115. B.4 apply and the social worker is lawfully issued and served with a subpoena duce tecum which complies with the formalities prescribed in R.S. 13:3715.1.

4. where the circumstances described in §115. B.5 and §115. B.6 apply and the social worker received a lawfully issued subpoena from the Louisiana State Board of Social Work Examiners.

D. Limits of Confidentiality. The social worker shall inform the client of the limits of confidentiality as provided under applicable law. Confidentiality limits shall include, but are not limited to, the following situations:

1. where circumstances giving rise to the list of exceptions to the healthcare provider-patient privilege listed in the Louisiana Code of Evidence Article 510;

2. where communications to the social worker reveal abuse or neglect of children and elders which impose an obligation on social workers as mandatory reporters under the Children's Code article 609, R.S. 14:403, and R.S. 14:403.2. A social worker shall not be considered a mandatory reporter in the limited circumstances specified in Childrens Code article 603(b);

3. where communications to the social worker relate to abuse or neglect of residents of healthcare facilities which impose duty to report under R.S. 40:2009.20;

4. where the social worker has a duty to warn in relation to communications of threats of physical violence under R.S. 9:2800.2;

5. where the social worker has been appointed to conduct an evaluation for child custody or visitation by the court or where prior communications to the social worker relate to the health conditions of a client(s) who are parties to proceedings or custody or visitation of a child and the condition has substantial bearing on the fitness of the person claiming custody or visitation.

E. Confidentiality and Minor Clients. In addition to the general directive in §115 D, a social worker must inform a minor client, at the beginning of a professional relationship, of any laws which impose a limit on the right to privacy of a minor.

F. Third-Party Billing. A social worker shall provide client information to a third party for the purpose of payment for services rendered only with the client's written informed consent. The social worker shall inform the client of the nature of the client information to be disclosed or released to the third-party payor.

G. Continued Privacy of Information. A social worker shall continue to maintain confidentiality of client information upon termination of the professional relationship, including upon the death of the client, except as provided under applicable law.

H. Recording/Observation. A social worker shall obtain the client's written informed consent before the taping or recording of a session or a meeting with the client, or before a third-party is allowed to observe the session or meeting. The written informed consent shall explain to the client the purpose of the observing, taping or recording, how the taping or recording will be used, how it will be stored and when it will be destroyed.

La. Admin. Code tit. 46, § XXV-115

Promulgated by the Department of Health and Hospitals, Board of Certified Social Work Examiners, LR 26:298 (February 2000), Amended by the Department of Health, Board of Social Work Examiners, LR 43959 (5/1/2017).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:2705(C).