Ga. Comp. R. & Regs. R. 135-7-.03 - Confidentiality

(1) The licensee holds in confidence all information obtained at any time during the course of a professional relationship, beginning with the first professional contact. The licensee safeguards clients' confidences as permitted by law.

(2) Unprofessional conduct includes but is not limited to the following:

(a) revealing a confidence of a client, whether living or deceased, to anyone except:

1. as required by law;

2. after obtaining the consent of the client, when the client is a legally competent adult, or the legal custodian, when the client is a minor or a mentally incapacitated adult. The licensee shall provide a description of the information to be revealed and the persons to whom the information will be revealed prior to obtaining such consent. When more than one client has participated in the therapy, the licensee may reveal information regarding only those clients who have consented to the disclosure;

3. where the licensee is a defendant in a civil, criminal, or disciplinary action arising from the therapy, in which case client confidences may be disclosed in the course of that action;

4. where there is clear and imminent danger to the client or others, in which case the licensee shall take whatever reasonable steps are necessary to protect those at risk including, but not limited to, warning any identified victims and informing the responsible authorities; and

5. when discussing case material with a professional colleague for the purpose of consultation or supervision;

(b) failing to obtain written, informed consent from each client before electronically recording sessions with that client or before permitting third party observation of their sessions;

(c) failing to store or dispose of client records in a way that maintains confidentiality, and when providing any client with access to that client's records, failing to protect the confidences of other persons contained in that record;

(d) failing to protect the confidences of the client from disclosure by employees, associates, and others whose services are utilized by the licensee; and

(e) failing to disguise adequately the identity of a client when using material derived from a counseling relationship for purposes of training or research.

Notes

Ga. Comp. R. & Regs. R. 135-7-.03

O.C.G.A. 43-7A-5(d).

Original Rule entitled "Confidentiality" was filed on October 19, 1987; effective November 8, 1987. Repealed: New Rule, same title, adopted. F. Feb. 28, 2000; eff. Mar. 19, 2000.