Louisiana Revised Statutes 40:1079.18 – Confidentiality
Terms Used In Louisiana Revised Statutes 40:1079.18
- Child: means an unmarried individual under the age of eighteen. See Louisiana Revised Statutes 40:1079.12
- Facility: means an entity licensed by the Louisiana Department of Health that provides a broad range of diagnostic, treatment, and rehabilitation services on both a scheduled and nonscheduled basis in an accessible residential or nonresidential setting by qualified professionals to persons and their families in need of counseling or treatment related to alcohol abuse and alcoholism, or drug abuse, or both. See Louisiana Revised Statutes 40:1079.12
- preventive counseling: means services, general guidance and support, or service coordination, including but not limited to individual and group counseling, support services, and education about alcohol and other drugs and their effects, which are provided by a qualified professional to prevent a child from developing or suffering from alcoholism, alcohol or drug addiction, alcohol or drug abuse, or related physical, emotional, or mental health problems. See Louisiana Revised Statutes 40:1079.12
- Qualified professional: shall include :
(a) A certified substance abuse counselor or certified prevention counselor. See Louisiana Revised Statutes 40:1079.12
- School: means any public elementary or secondary school in the state of Louisiana operated by a city or parish school board or any nonpublic school approved by the State Board of Elementary and Secondary Education. See Louisiana Revised Statutes 40:1079.12
- Treatment: means an active effort to accomplish an improvement in the mental condition or behavior of a child or to prevent deterioration in his condition or behavior as it relates to drug or alcohol abuse. See Louisiana Revised Statutes 40:1079.12
Notwithstanding any other provision of law to the contrary, the identity of persons receiving preventive counseling or treatment and all records containing information regarding the provision of preventive counseling or treatment shall be confidential. No qualified professional or employee of a school or facility providing preventive counseling or treatment shall disclose any records or information in such records containing the identity of any child receiving preventive counseling or treatment except in compliance with state and federal laws and regulations.
Acts 1994, 3rd Ex. Sess., No. 18, §1, eff. July 6, 1994; Redesignated from La. Rev. Stat. 40:1098.8 by HCR 84 of 2015 R.S.