(a) Respect for privacy.

1. (1)

   1. (A) Counselors respect their clients’ right to privacy and avoid illegal and unwarranted disclosures of confidential information.
   2. (B) See 17 CAR § 390-103(a) and 17 CAR § 390-206(a).
2. (2) Counselors will abide by the federal mandate, 42 C.F.R. part 2.

(c) Exceptions.

1. (1) The general requirement that counselors keep information confidential does not apply when:

   1. (A) Disclosure is required to prevent clear and imminent danger to the client or others; or
   2. (B) Legal requirements demand that confidential information be revealed.
2. (2) Counselors consult with other professionals when in doubt as to the validity of an exception.

(d) Contagious, fatal diseases.

1. (1) A counselor who receives information confirming that a client has a disease commonly known to be both communicable and fatal is justified in disclosing information to an identifiable third party, who by his or her relationship with the client is at high risk of contracting the disease.

2. (2) Prior to making a disclosure the counselor should ascertain that the client:

   1. (A) Has not already informed the third party about his or her disease; and
   2. (B) Is not intending to inform the third party in the immediate future.
3. (3) See 17 CAR § 390-201(c) and (f).

(e) Court-ordered disclosure.

1. (1) When court ordered to release confidential information without a client’s permission, counselors request to the court that disclosure not be required due to potential harm to the client or counseling relationship.
2. (2) See 17 CAR § 390-201(c).

(f) Minimal disclosure.

1. (1) When circumstances require the disclosure of confidential information, only essential information is revealed.
2. (2) To the extent possible, clients are informed before confidential information is disclosed.

(g) Explanation of limitations.

1. (1) When counseling is initiated and throughout the counseling process as necessary, counselors inform clients of the limitations of confidentiality and identify foreseeable situations in which confidentiality be breached.
2. (2) See 17 CAR § 390-702(a).

(h) Subordinates.

1. (1) Counselors make every effort to ensure the privacy and confidentiality of clients is maintained by subordinates including employees, supervisees, clerical assistants, and volunteers.
2. (2) See 17 CAR § 390-201(a).