Code of Maine Rules › 02 - DEPARTMENT OF PROFESSIONAL AND FINANCIAL REGULATION › 514 - BOARD OF COUNSELING PROFESSIONALS LICENSURE › Chapter 8-A - CODE OF ETHICS › Section 514-8-A-6 - Confidentiality

Current through 2024-29, July 17, 2024
The counselor holds in confidence all information obtained,
				  generated or documented in the course of providing counseling. Physical records
				  created by the counselor are the property of the counselor or the counselor's
				  employer. The information contained in the records belongs to the client and
				  therefore may not be disclosed to others without the consent of the client,
				  except in accordance with
				  32 MRSA
				  §13862 or
				  22 MRSA
				  §22 MRSA§
									1711-C.
				  The counselor safeguards client confidences and client records to the maximum
				  extent permitted by law.
Except as described below for couples and family counseling,
				  a counselor does not disclose client information to a person other than the
				  client unless:
(a) the client or an
				authorized representative of the client has executed a written release in
				conformity with
				 22 MRSA
				§1711-C and other applicable law; or (b)
				the disclosure is permitted by
				32 MRSA
				§13862,
				22 MRSA
				§22 MRSA§
									1711-C
				or other applicable law.
In couples and family counseling, the counselor determines
				  which person or persons are the client or clients. The counselor discusses this
				  determination with the client or clients and documents the discussion and
				  determination in clinical notes. If additional persons become clients in the
				  counseling relationship, the counselor confirms this status with the existing
				  client(s) and documents this discussion and determination in clinical
				  notes.
In couples and family counseling, the counselor discusses and
				  reaches agreement with multiple clients as to:
(a) the expectations and limitations of
				confidentiality among them; and
(b) the extent to which the counselor can
				share client information with family or household members consulted by the
				counselor in the course of providing professional services. The counselor
				documents this agreement and any revisions to it on an ongoing basis in
				clinical notes.
Misconduct includes, but is not limited to, the
				  following:
1. Disclosing client
				information to a person other than the client without a written release
				authorizing the disclosure or as otherwise permitted by this Section;
2. In couples and family counseling, failing
				to follow the procedures described in this Section for the determination of
				multiple clients and the sharing of client information among clients or with
				family or household members;
3.
				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;
4. Failing to protect the confidences of the
				client from disclosure by employees, associates, and others whose services are
				utilized by the counselor;
5.
				Failing to fully disguise the identity of the client when using material
				derived from a counseling relationship for purposes of training or
				research;
6. Disclosing records of
				a client's diagnosis, prognosis or treatment relating to substance abuse in
				violation of
				42 USC
				§290dd-2; and
7. Disclosing a client's HIV infection status
				in violation of 5 MRSA Chapter 501.