N.J. Admin. Code § 13:44G-12.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:44G-12.3 - Confidentiality

(a) A social worker shall preserve the confidentiality of information obtained from a client in the course of performing social work services for the client, including after the death of a client, except in the following circumstances.

1. Disclosure is required by Federal or state law or regulation.

2. Disclosure is required by the Board or the Office of the Attorney General during the course of an investigation.

3. Disclosure is required by a court of competent jurisdiction pursuant to a judge's order.

4. The client would present a clear and present danger to the health or safety of an individual if the social worker fails to disclose the information.

5. The social worker is a party defendant to a civil, criminal or disciplinary action arising from the social work services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action.

6. The patient or client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses on that person's behalf.

7. The client agrees in writing to waive the privilege accorded by this section. The client shall sign and date the written waiver and the social worker shall maintain the waiver in the client's record. In circumstances when more than one person in a family is receiving social work services, each family member who is at least 14 years of age or older must agree to the waiver. Absent a waiver of each family member, a social worker shall not disclose any information received from any family member.

(b) A social worker shall establish and maintain a procedure to protect the client record from access by unauthorized persons.

(c) The social worker shall establish procedures for maintaining the confidentiality of client records in the event of the social worker's relocation, retirement or death and shall establish reasonable procedures to assure the preservation of client records in accordance with the time frame set forth in 13:44G-12.1(e) in the event of the social worker's separation from a group practice.

N.J. Admin. Code § 13:44G-12.3

Amended by 50 N.J.R. 2017(a), effective 9/17/2018