N.M. Admin. Code § 16.22.2.12 - PROTECTING CONFIDENTIALITY
A.
Safeguarding confidential information. The psychologist shall safeguard
confidential information obtained in the course of practice, teaching,
research, or other professional services. The psychologist shall disclose
confidential information to others only with the written informed consent of
the patient or client in accordance with the Public Health Act, Section
24-1-20 NMSA 1978, except as
provided in these regulations.
B.
Discussing the limits of confidentiality.
(1)
The psychologist shall discuss with persons and organizations with whom the
psychologist establishes a professional or scientific relationship (including,
to the extent feasible, minors and their legal representatives):
(a) the relevant limitations on
confidentiality, including limitations where applicable in group, marital, and
family therapy or in organizational consulting; and
(b) the foreseeable uses of the information
generated through his services.
(2) Unless it is not feasible or is
contraindicated, the psychologist shall discuss confidentiality at the outset
of the relationship and thereafter as new circumstances warrant.
C. Disclosure without informed
written consent. Except as otherwise permitted under the provisions of the
MHDDC, Section
43-1-19 NMSA, 1978, and the
CMHDDA, Sections
32A-6-1 thru 32A-6-22 NMSA 1978
and as amended, a psychologist may disclose confidential information without
the informed written consent of the patient/client when the psychologist judges
that disclosure is necessary to protect against a substantial and imminent risk
of serious harm being inflicted by the patient on the patient or another
person. In such case, the psychologist shall limit disclosure of the otherwise
confidential information to only those persons and only that content necessary
to address the imminent risk of harm. When the client is an organization,
disclosure shall be made only after the psychologist has made a reasonable and
unsuccessful attempt to have the problems corrected within the
organization.
D. Services involving
more than one interested party. In a situation in which more than one party has
an appropriate interest in the professional services rendered by the
psychologist to a patient(s) and client(s), the psychologist shall, to the
extent possible, clarify to all parties prior to rendering the services the
dimensions of confidentiality and professional responsibility that shall
pertain in the rendering of services. The relevant limitations on
confidentiality shall be clarified, including limitations where applicable in
group, marital, or family therapy or in organizational consulting. Such
clarification is specifically indicated, among other circumstances, when the
patient or client is an organization. The psychologist shall also communicate
the foreseeable uses of the information generated through his
services.
E. Legally dependent
patients. At the beginning of a professional relationship, to the extent that
the patient or client can understand, the psychologist shall inform a patient
or client who is below the age of majority or who has a legal guardian of the
limit the law imposes on the right of confidentiality with respect to the
patient or client's communications with the psychologist.
F. Limited access to client records. The
psychologist shall limit access to patient or client records to preserve the
patient or client's confidentiality and shall make effort to ensure that all
persons working under the psychologist's authority comply with the requirements
for confidentiality of patient or client material.
G. Release of confidential information. The
psychologist may release confidential information upon court order, or to
conform to state or federal law, rules or regulations. The psychologist shall
consult with others and take appropriate action if a court order appears to
violate confidentiality rights under state or federal law, rules or
regulations.
H. Reporting of abuse
of children and vulnerable adults. The psychologist shall be familiar with the
Child Abuse and Neglect Act (CANA), Sections
32A-4-1 thru 32A-4-34 NMSA 1978,
Resident Abuse and Neglect Act (RANA), Sections
30-47-1 thru 30-47-10 NMSA 1978,
and any other relevant law concerning the reporting of abuse of children and
vulnerable adults, and shall comply with the mandatory requirements of such
laws.
I. Discussion of client
information among professionals. When rendering professional services as part
of a team or when interacting with other appropriate professionals concerning
the welfare of the client, the psychologist may share confidential information
about the client provided the psychologist ensures that all persons receiving
the information are informed about the confidential nature of the information
and abide by the rules of confidentiality.
J. Disguising confidential information. When
a case report or other confidential information is used as the basis of
teaching, research, or other published reports, the psychologist shall exercise
reasonable care to ensure that the case report or information is appropriately
disguised to prevent client identification.
K. Observation and electronic recording. The
psychologist shall ensure that diagnostic interviews or therapeutic sessions
with a patient are observed or electronically recorded only with the informed
written consent of the patient or his legal guardian, if any. The patient may
withdraw consent at any time verbally or in writing unless otherwise required
by law.
L. Confidentiality after
termination of a professional relationship. The psychologist shall continue to
treat information regarding a patient as confidential after the professional
relationship between the psychologist and the patient has ceased.
M. Confidentiality of electronic
transmission. The psychologist shall ensure that confidential information is
not transmitted in any way that compromises confidentiality.
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No prior version found.