NY CPLR § 4510 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 45 - Evidence 4510 - Rape Crisis Counselor or Domestic Violence Advocate.

§  4510.  Rape  crisis  counselor  or  domestic violence advocate. (a) Definitions. When used in this section, the following terms  shall  have the following meanings:   1. "Rape crisis program" means any office, institution or center which has been approved pursuant to subdivision fifteen of section two hundred six  of  the  public  health law, as added by chapter 432 of the laws of 1993, offering counseling and assistance to  clients  concerning  sexual offenses, sexual abuses or incest.   2.  "Rape crisis counselor" means any person who has been certified by an approved  rape  crisis  program  as  having  satisfied  the  training standards specified in subdivision fifteen of section two hundred six of the  public health law, as added by chapter 432 of the laws of 1993, and who, regardless of compensation,  is  acting  under  the  direction  and supervision of an approved rape crisis program.   3.  "Client"  means  (i)  any  person  who is seeking or receiving the services of  a  rape  crisis  counselor  for  the  purpose  of  securing counseling  or  assistance concerning any sexual offenses, sexual abuse, incest or attempts to commit sexual offenses, sexual abuse,  or  incest, as defined in the penal law; or  (ii)  any  victim  of  domestic  violence  as  defined in section four hundred fifty-nine-a of the social services law.   4. "Domestic violence program" means a residential program for victims of domestic  violence  or  a  non-residential  program  for  victims  of domestic violence as defined in section four hundred fifty-nine-a of the social  services law or any similar program operated by an Indian tribe, as defined by section two of the Indian law.   5. "Domestic violence advocate" means any person who is  acting  under the  direction  and  supervision  of  a  licensed  and approved domestic violence program and has satisfied the training  standards  required  by the office of children and family services.  (b)  Confidential  information  privileged. A rape crisis counselor or domestic  violence  advocate  shall  not  be  required  to  disclose   a communication  made  by his or her client to him or her, or advice given thereon, in the course of his or  her  services  nor  shall  any  clerk, stenographer  or  other  person working for the same program as the rape crisis counselor or domestic violence advocate or for  the  rape  crisis counselor  or domestic violence advocate be allowed to disclose any such communication or advice given thereon nor shall any records made in  the course  of  the  services  given  to  the  client  or  recording  of any communications made by or to a client be required to be  disclosed,  nor shall the client be compelled to disclose such communication or records, except:   1.  that  a  rape  crisis  counselor or domestic violence advocate may disclose  such  otherwise  confidential  communication  to  the   extent authorized by the client;   2.  that  a  rape crisis counselor or domestic violence advocate shall not be required to treat as confidential a  communication  by  a  client which reveals the intent to commit a crime or harmful act;   3. that a domestic violence advocate shall not be required to treat as confidential  a  communication  by  a  client  which  reveals  a case of suspected child abuse or maltreatment pursuant to title six  of  article six of the social services law;   4.  in  a case in which the client waives the privilege by instituting charges against the rape crisis counselor or domestic violence  advocate or  the rape crisis program or domestic violence program and such action or proceeding involves confidential communications  between  the  client and the rape crisis counselor or domestic violence advocate.  (c)  Who  may waive the privilege. The privilege may only be waived if the client, the personal representative of a deceased client, or, in the case of a client who has been adjudicated  incompetent  or  for  whom  a conservator  has  been  appointed, the committee or conservator provides the  rape  crisis counselor or domestic violence advocate with informed, written and reasonably time-limited consent.  (d) Limitation on waiver. A client who, for the purposes of  obtaining compensation  under article twenty-two of the executive law or insurance benefits, authorizes the disclosure of any privileged  communication  to an   employee   of  the  office  of  victim  services  or  an  insurance representative shall not be deemed to have waived the privilege  created by this section.