Confidentiality

PURPOSE: This rule sets forth the ethical standards/disciplinary rules as they pertain to confidentiality. (1) A licensee shall take reasonable personal action, and inform responsible authorities or inform those persons at risk, when the conditions or actions of clients indicate that there is clear and imminent danger to clients or others. When the member is uncertain about the duty to protect, consultation with other professionals is appropriate. (2) A licensee shall inform clients, at the onset of the professional relationship, of the limits of confidentiality. (3) A licensee shall keep confidential his/her therapy relationships with clients including information obtained from this relationship with clients with the following exceptions: (A) When the client gives written consent; (B) When the client constitutes a danger to him/herself or to others; (C) When the member is under court order to disclose information; or (D) When required by law. (4) A licensee shall make every reasonable effort to see that the member’s employer provides for maintenance, storage, and disposal of the records of clients so that unauthorized persons shall not have access to these records. (5) A licensee shall not forward to another person, agency, or potential employer any confidential information of a client without the written consent of the client(s) or their legal guardian(s) nor shall they violate any laws or regulations of this state or the federal government with respect to this information. (6) When providing counseling services to families, couples, or groups, a licensee shall seek agreement among the parties involved concerning each individual’s right to confidentiality and obligation to preserve the confidentiality of information shared by others. Participants in family, couples, or group counseling shall be informed by the member that there is no guarantee that all participants will honor such agreements. (7) Social workers who use social media and/or other electronic means of communication and/or recordkeeping must ensure that all use of electronic communication and recordkeeping comply with all ethical duties and with all relevant statutes and regulations. AUTHORITY: sections 337.600 and 337.630, RSMo 2016, and sections 337.615, 337.627, and 337.665, RSMo Supp. 2019.* This rule originally filed as 4 CSR 263-3.100. Original rule filed Sept. 18, 1990, effective Feb. 14, 1991. Rescinded and readopted: Filed Dec. 30, 1998, effective July 30, 1999. Amended: Filed June 25, 2004, effective Dec. 30, 2004. Moved to 20 CSR 2263-3.100, effective Aug. 28, 2006. Rescinded and readopted: Filed Aug. 27, 2009, effective April 30, 2010. Amended: Filed Feb. 22, 2019, effective Sept. 30, 2019. Amended: Filed Aug. 30, 2019, effective Feb. 29, 2020. *Original authority: 337.600, RSMo 1989, amended 1995, 2003, 2005, 2007, 2008, 2009, 2010; 337.615, RSMo 1989, amended 1995, 1997, 2001, 2004, 2005, 2006, 2007, 2010, 2014, 2018; 337.627, RSMo 1989, amended 1993, 1995, 1997, 2007, 2018; 337.630, RSMo 1989, amended 1997, 2007; and 337.665, RSMo 2001, amended 2004, 2007, 2018.