The Center for Health & Pharmaceutical Law & Policy to disclose would present a clear and present danger to the health or safety of an individual. 343 Depending on the facts, this could permit disclosure to another health care professional for purposes of treatment to address a clear and present danger to the patient. But the design of this exception is not specifically to facilitate treatment. In fact, the social worker regulations expressly contemplate that disclosure of client records to “[a]nother licensed health care professional, hospital, nursing home or similar licensed institution which is providing or has been asked to provide treatment to the client” will require a “written request of the client or authorized representative.” 344 Because the State Board of Marriage and Family Therapy Examiners’ statutes and regulations require licensed clinical alcohol and drug counselors and certified alcohol and drug counselors to comply with Part 2, 345 there is no treatment exception for these health care professionals other than Part 2’s limited medical emergency and internal communications exceptions. The massage and bodywork therapist 346 and physical therapist 347 regulations also do not include a treatment exception. 348 The regulations governing pharmacists are surprisingly vague. Although patient records are confidential, they “shall be made available to persons authorized to inspect them under State and Federal statutes and regulations. 349 Although these terms are not defined in the statute, “inspect” suggests that this language is directed at health oversight functions of government rather than treatment providers. To the extent health care professionals do not satisfy, choose not to exercise their discretion regarding, or are not eligible for one of the treatment exceptions discussed above, they will need a waiver from the client, or authorized representative, where authorized, to release client records to other health care providers for purposes of treatment. There is substantial variety when it comes to what specifically will satisfy waiver requirements for different professions. Psychologists and psychoanalysts, for example, shall release confidential information with a waiver from the client or authorized representative, which need not be written, unless the licensee requires it. 350 In contrast, clients of marriage and family therapists, 351 rehabilitation counselors, 352 professional counselors, and associate counselors 353 must agree in writing to waive confidentiality. As
See N.J.S.A. § 45:15BB-13; N.J.A.C. § 13:34-8.3(a)(4); see also N.J.A.C. § 13:44G-12.3(a)(4); see generally N.J.S.A. § 45:8B-29. 344 N.J.A.C. § 13:44G-12.4(b)(3); cf. N.J.S.A. § 45:15BB-13(e) (permitting social worker to disclose confidential patient information if a “patient or client agrees to waive the privilege”); N.J.A.C. § 13:44G-12.3(a)(7) (same). 345 See N.J.S.A. § 45:2D-11; N.J.A.C. § 13:34C-4.5(b). 346 See N.J.A.C. § 13:37A-5.3(c). 347 See id. §13:39A-3.3(a), (d). 348 See Section II.2.e, supra. 349 See N.J.A.C. §§ 13:39-7.6(d); 13:39-7.19(e). 350 See id. §§ 13:42-8.3(b), (f)(3); 13:42A-6.2(b), (f)(3). N.J.S.A. 45:14B-36 establishes a number of requirements for an “authorization for the purpose of .P.L. 1985, c.256 (C.45:14B-30 et seq.),” including that the authorization be in writing. Although the internal statutory reference could be made more clear, these requirements seem to apply specifically to authorizations for a licensed psychologist to disclose limited confidential treatment information “to a third-party payor for the purpose of obtaining benefits from the third-party payor for psychological services . . . ,” 45 N.J.S.A. § 45:14B-32, and not generally to all disclosures of confidential treatment information by psychologists. 351 See N.J.A.C. § 13:34-8.3(a)(6). 352 See id. § 13:34-27.5(a)(6). 353 See id. § 13:34-18.5(a)(6). 343
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