SECTION 86:15-3-2. Confidentiality

(a)   LMFTs have unique confidentiality problems because the "client" in a therapeutic relationship may be more than one person. The overriding principle is that LMFTs respect the confidences of their client(s).

(b)   LMFTs shall not disclose client records and confidences to anyone, except:

(1)   as mandated by law;

(2)   to prevent a clear and immediate danger to a person or persons;

(3)   where the LMFT is a defendant in a civil, criminal, or disciplinary action rising from the therapy (in which case client confidences may be disclosed only in the course of that action);

(4)   if there is a waiver previously obtained in writing, and then such information may be revealed only in accordance with the terms of the waiver.

(c)   In circumstances where more than one person in a family is receiving therapy, each such family member who is legally competent to execute a waiver must agree to the waiver required by paragraph (b)(4) of this section. Absent such a waiver from each family member legally competent to execute a waiver, an LMFT shall not disclose information received from any family member.

(d)   LMFTs shall use client and/or clinical materials in teaching, writing, and public presentations only if a written waiver has been received in accordance with subsection (c) of this section, or when appropriate steps have been taken to protect client identity.

(e)   LMFTs shall store or dispose of client records in ways that maintain confidentiality.

(f)   LMFTs shall maintain verifiable records necessary for rendering professional services to their clients for at least seven (7) years beyond termination of services. LMFTs employed at an institution or facility that has a published records retention policy that is equal to the retention required by this subsection will be deemed to be in compliance with this subsection.

(g)   LMFTs shall maintain the confidentiality of any information received from any person or source about a client, unless authorized in writing by the client or otherwise authorized or required by law or court order.

(h)   LMFTs shall be responsible for complying with the applicable state and federal regulations in regard to the security, safety and confidentiality of any therapeutic record they create, maintain, transfer, or destroy whether the record is written, taped, computerized, or stored in any other medium.

[Source: Added at 32 Ok Reg 159, eff 4-23-14 (emergency); Added at 32 Ok Reg 1569, eff 9-11-15]