Washington Administrative Code › Title 246 - Health, Department of › PROFESSIONAL STANDARDS AND LICENSING › Chapter 246-924 - Psychologists › Section 246-924-363 - Protecting confidentiality of clients

Current through Register Vol. 24-14, July 15, 2024
(1) In general. The psychologist shall
				safeguard the confidential information obtained in the course of practice,
				teaching, research, or other professional duties. With the exceptions set forth
				below, the psychologist shall disclose confidential information to others only
				with the informed written consent of the client.
When a corporation or other organization is the client, rules
				  of confidentiality apply to information pertaining to the organization,
				  including personal information about individuals when obtained in the proper
				  course of that contract. Such information about individuals is subject to
				  confidential control of the organization, not of the individual, and can be
				  made available to the organization, unless the information was obtained in a
				  separate professional relationship with that individual.
(2) Disclosure without informed written
				consent. The psychologist may disclose confidential information without the
				informed written consent of the client only in compliance with the Uniform
				Health Care Information Act,
				chapter
				70.02 RCW.
(3) Services involving more than one
				interested party. In a situation in which more than one party has a legally
				recognized interest in the professional services rendered by the psychologist
				to a recipient, the psychologist shall, to the extent possible, clarify to all
				parties, in writing, 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.
(4) 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 under the age of
				thirteen 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. For clients between the age of thirteen and eighteen, the
				psychologist shall clarify any limits to confidentiality between the minor and
				legal guardians at the outset of services. The psychologist will act in the
				minor's best interests in deciding whether to disclose confidential information
				to the legal guardians without the minor's consent.
(5) Limited access to client records. The
				psychologist shall limit access to client records and shall ensure that all
				persons working under his/her authority are familiar with the requirements for
				confidentiality of client material.
(6) When rendering psychological services as
				part of a team which includes nonhealth care professionals, if the psychologist
				shares confidential information about the client when so authorized by the
				client, the psychologist shall advise all persons receiving the information
				from the psychologist that the information should be maintained in a
				confidential manner.
(7) Reporting
				of abuse of children and vulnerable adults. The psychologist shall comply with
				chapter
				26.44 RCW.
(8) Observation and electronic recording. The
				psychologist shall obtain documented informed consent of the client, guardian
				or agent for observed or electronically recorded sessions.
(9) Disguising confidential information. When
				case reports or other confidential information are 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.
(10) Confidentiality if client is deceased.
				The psychologist shall comply with the Uniform Health Care Information Act,
				chapter
				70.02 RCW.
(11) Confidentiality after termination of
				professional relationship. The psychologist shall continue to treat information
				regarding a client as confidential after the professional relationship between
				the psychologist and the client has ceased.
Statutory Authority:
					 RCW
					 18.83.050(5) and
					 chapter
					 18.83 RCW. 93-07-036
					 (Order 337B), § 246-924-363, filed 3/10/93, effective
					 4/10/93.