2023 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.