Louisiana Revised Statutes 37:3390.4 – Confidentiality
Terms Used In Louisiana Revised Statutes 37:3390.4
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Board: means the governing body of the Addictive Disorder Regulatory Authority. See Louisiana Revised Statutes 37:3386.1
- Client: means the individual, couple, family, group, organization, or community that seeks or receives addiction counseling services from the addiction professional or an addiction facility until discharged. See Louisiana Revised Statutes 37:3386.1
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Testify: Answer questions in court.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
No person holding a credential or status recognized by the board and authorized by this Chapter may disclose any information he may have acquired from persons consulting him in his professional capacity where the information was necessary to enable him to render services to those persons except:
(1) With the written consent of the client, or in the case of death or disability, with the written consent of his personal representative, other persons authorized to sue, or the beneficiary of any insurance policy on his life, health, or physical condition.
(2) When the person is a minor under the age of eighteen and the information acquired indicates that the child was the victim or subject of a crime, then, the person having received the information may be required to testify fully in relation thereto upon any examination, trial, or other proceeding in which the commission of such crime is a subject of inquiry, unless otherwise prohibited by law.
(3) When the person is a minor under the age of eighteen and the information acquired shall be disclosed pursuant to any law which mandates the reporting of certain information relative to minors and the persons or agencies to whom the information shall be disclosed.
(4) When, unless otherwise prohibited by law, a communication reveals the contemplation of a crime or harmful act.
(5) When the person waives the privilege by filing a complaint with the board or otherwise invokes the jurisdiction of the board.
Acts 2004, No. 803, §3, eff. July 8, 2004; Acts 2020, No. 328, §2.