N.Y. Civil Practice Law & Rules § 4510: Rape crisis counselor or domestic violence advocate

§ 4510. Rape crisis counselor or domestic violence advocate. (a)

Definitions. When used in this section, the following terms shall have

the following meanings:

1. "Rape crisis program" means any office, institution or center which

has been approved pursuant to subdivision fifteen of section two hundred

six of the public health law, as added by chapter 432 of the laws of

1993, offering counseling and assistance to clients concerning sexual

offenses, sexual abuses or incest.

2. "Rape crisis counselor" means any person who has been certified by

an approved rape crisis program as having satisfied the training

standards specified in subdivision fifteen of section two hundred six of

the public health law, as added by chapter 432 of the laws of 1993, and

who, regardless of compensation, is acting under the direction and

supervision of an approved rape crisis program.

3. "Client" means (i) any person who is seeking or receiving the

services of a rape crisis counselor for the purpose of securing

counseling or assistance concerning any sexual offenses, sexual abuse,

incest or attempts to commit sexual offenses, sexual abuse, or incest,

as defined in the penal law; or

(ii) any victim of domestic violence as defined in section four

hundred fifty-nine-a of the social services law.

4. "Domestic violence program" means a residential program for victims

of domestic violence or a non-residential program for victims of

domestic violence as defined in section four hundred fifty-nine-a of the

social services law or any similar program operated by an Indian tribe,

as defined by section two of the Indian law.

5. "Domestic violence advocate" means any person who is acting under

the direction and supervision of a licensed and approved domestic

violence program and has satisfied the training standards required by

the office of children and family services.

(b) Confidential information privileged. A rape crisis counselor or

domestic violence advocate shall not be required to disclose a

communication made by his or her client to him or her, or advice given

thereon, in the course of his or her services nor shall any clerk,

stenographer or other person working for the same program as the rape

crisis counselor or domestic violence advocate or for the rape crisis

counselor or domestic violence advocate be allowed to disclose any such

communication or advice given thereon nor shall any records made in the

course of the services given to the client or recording of any

communications made by or to a client be required to be disclosed, nor

shall the client be compelled to disclose such communication or records,

except:

1. that a rape crisis counselor or domestic violence advocate may

disclose such otherwise confidential communication to the extent

authorized by the client;

2. that a rape crisis counselor or domestic violence advocate shall

not be required to treat as confidential a communication by a client

which reveals the intent to commit a crime or harmful act;

3. that a domestic violence advocate shall not be required to treat as

confidential a communication by a client which reveals a case of

suspected child abuse or maltreatment pursuant to title six of article

six of the social services law;

4. in a case in which the client waives the privilege by instituting

charges against the rape crisis counselor or domestic violence advocate

or the rape crisis program or domestic violence program and such action

or proceeding involves confidential communications between the client

and the rape crisis counselor or domestic violence advocate.

(c) Who may waive the privilege. The privilege may only be waived if

the client, the personal representative of a deceased client, or, in the

case of a client who has been adjudicated incompetent or for whom a

conservator has been appointed, the committee or conservator provides

the rape crisis counselor or domestic violence advocate with informed,

written and reasonably time-limited consent.

(d) Limitation on waiver. A client who, for the purposes of obtaining

compensation under article twenty-two of the executive law or insurance

benefits, authorizes the disclosure of any privileged communication to

an employee of the office of victim services or an insurance

representative shall not be deemed to have waived the privilege created

by this section.