Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part LX - Licensed Professional Counselors Board of Examiners › Subpart 2 - Professional Standards for Licensed Marriage and Family Therapists and Provisional Licensed Marriage and Family Therapists › Chapter 47 - Code of Ethics › Section LX-4707 - Confidentiality

Current through Register Vol. 50, No. 6, June 20, 2024
A. Licensees have
				  unique confidentiality concerns because the client in a therapeutic
				  relationship may be more than one person. Licensees respect and guard the
				  confidences of each individual client.
B. Licensees disclose to clients and other
				  interested parties, as early as feasible in their professional contacts, the
				  nature of confidentiality and possible limitations of the clients' right to
				  confidentiality. Licensees review with clients the circumstances where
				  confidential information may be requested and where disclosure of confidential
				  information may be legally required. Circumstances may necessitate repeated
				  disclosures.
C. Licensees do not
				  disclose client confidences except by written authorization or waiver, or where
				  mandated or permitted by law. Verbal authorization will not be sufficient
				  except in emergency situations, unless prohibited by law, specifically in
				  instances of danger to self or others, suspected child abuse/neglect, elderly
				  abuse/neglect, or disabled adult abuse/neglect. When providing couple, family
				  or group treatment, the licensee does not disclose information outside the
				  treatment context without a written authorization from each individual
				  competent to execute a waiver. In the context of couple, family or group
				  treatment, the licensee may not reveal any individual's confidences to others
				  in the client unit without the prior written permission of that
				  individual.
D. Licensees use client
				  and/or clinical materials in teaching, writing, consulting, research, and
				  public presentations only if a written waiver has been obtained in accordance
				  with this Section, or when appropriate steps have been taken to protect client
				  identity and confidentiality.
E.
				  Licensees store, safeguard, and dispose of client records in ways that maintain
				  confidentiality and in accord with applicable laws and professional
				  standards.
F. Subsequent to the
				  licensee moving from the area, closing the practice, or upon the death of the
				  licensee, a licensee arranges for the storage, transfer, or disposal of client
				  records in ways that maintain confidentiality and safeguard the welfare of
				  clients.
G. Licensees, when
				  consulting with colleagues or referral sources, do not share confidential
				  information that could reasonably lead to the identification of a client,
				  research participant, supervisee, or other person with whom they have a
				  confidential relationship unless they have obtained the prior written consent
				  obtained in accordance with this Section of the client, research participant,
				  supervisee, or other person with whom they have a confidential relationship.
				  Information may be shared only to the extent necessary to achieve the purposes
				  of the consultation.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 37:1101-1123.