West Virginia Code of State Rules › Agency 17 - Psychologists › Title 17 - LEGISLATIVE RULE WV BOARD OF EXAMINERS OF PSYCHOLOGISTS › Series 17-06 - Code of Conduct › Section 17-6-9 - Protecting Confidentiality of Clients

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. In general, the psychologist shall
				safeguard the confidential information obtained in the course of practice,
				teaching, research, or other professional services. With the exceptions set
				forth below or in accordance with any federal, state or provincial statute or
				regulation, the psychologist shall disclose confidential information to others
				only with the informed written consent of the client.
9.2. Disclosure without informed written
				consent. The psychologist may disclose confidential information without the
				informed written consent of the client when the psychologist judges that
				disclosure is necessary to protect against a clear and substantial risk of
				imminent serious harm being inflicted by the client on the client or another
				person. In such case, the psychologist shall limit disclosure of the otherwise
				confidential information to only those persons and only that content which
				would be consistent with the standards of the profession in addressing such
				problems. 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.
9.3. 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 client or clients, 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. Such clarification is specifically indicated, among
				other circumstances, when the client is an organization.
9.4. Multiple clients. When service is
				rendered to more than one client during a joint session, for example to a
				family or a couple or a parent and child or a group, the psychologist shall at
				the beginning of the professional relationship clarify to all parties the
				manner in which confidentiality will be handled. All parties shall be given
				opportunity to discuss and to accept whatever limitations to confidentiality
				adhere in the situation.
9.5.
				Legally dependent clients. At the beginning of a professional relationship, to
				the extent that the client can understand, the psychologist shall inform a
				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 his/her
				communications with the psychologist.
9.6. Limited access to client records. The
				psychologist shall limit access to client records to preserve their
				confidentiality and shall assure that all persons working under the
				psychologist's authority comply with the requirements for confidentiality of
				client material.
9.7. Release of
				confidential information. The psychologist may release confidential information
				upon court order, as defined in Section II of this Code, or to conform with
				state, federal or provincial law, rule, or regulation.
9.8. Reporting of abuse of children and
				vulnerable adults. The psychologist shall be familiar with any relevant law
				concerning the reporting of abuse of children and vulnerable adults, and shall
				comply with such laws.
9.9.
				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 takes reasonable steps to assure that all persons receiving the
				information are informed about the confidential nature of the information and
				abide by the rules of confidentiality.
9.10. Disguising confidential information.
				When case reports or other confidential information is used as the basis of
				teaching, research, or other published reports, the psychologist shall exercise
				reasonable care to insure that the reported material is appropriately disguised
				to prevent client identification.
9.11. Observation and electronic recording.
				The psychologist shall ensure that observation or electronic recording of a
				client occur only with the informed written consent of the client.
9.12. Confidentiality after termination of
				professional relationship. The psychologist shall continue to treat as
				confidential information regarding a client after the professional relationship
				between the psychologist and the client has ceased.