§ 4510 — Rape crisis counselor or domestic violence advocate

§ 4510. Rape crisis counselor or domestic violence advocate. (a)\nDefinitions. When used in this section, the following terms shall have\nthe following meanings:\n 1. "Rape crisis program" means any office, institution or center which\nhas been approved pursuant to subdivision fifteen of section two hundred\nsix of the public health law, as added by chapter 432 of the laws of\n1993, offering counseling and assistance to clients concerning sexual\noffenses, sexual abuses or incest.\n 2. "Rape crisis counselor" means any person who has been certified by\nan approved rape crisis program as having satisfied the training\nstandards specified in subdivision fifteen of section two hundred six of\nthe public health law, as added by chapter 432 of the laws of 1993, and\nwho, regardless of compensation, is acting under the direction and\nsupervision of an approved rape crisis program.\n 3. "Client" means (i) any person who is seeking or receiving the\nservices of a rape crisis counselor for the purpose of securing\ncounseling or assistance concerning any sexual offenses, sexual abuse,\nincest or attempts to commit sexual offenses, sexual abuse, or incest,\nas defined in the penal law; or\n (ii) any victim of domestic violence as defined in section four\nhundred fifty-nine-a of the social services law.\n 4. "Domestic violence program" means a residential program for victims\nof domestic violence or a non-residential program for victims of\ndomestic violence as defined in section four hundred fifty-nine-a of the\nsocial services law or any similar program operated by an Indian tribe,\nas defined by section two of the Indian law.\n 5. "Domestic violence advocate" means any person who is acting under\nthe direction and supervision of a licensed and approved domestic\nviolence program and has satisfied the training standards required by\nthe office of children and family services.\n (b) Confidential information privileged. A rape crisis counselor or\ndomestic violence advocate shall not be required to disclose a\ncommunication made by his or her client to him or her, or advice given\nthereon, in the course of his or her services nor shall any clerk,\nstenographer or other person working for the same program as the rape\ncrisis counselor or domestic violence advocate or for the rape crisis\ncounselor or domestic violence advocate be allowed to disclose any such\ncommunication or advice given thereon nor shall any records made in the\ncourse of the services given to the client or recording of any\ncommunications made by or to a client be required to be disclosed, nor\nshall the client be compelled to disclose such communication or records,\nexcept:\n 1. that a rape crisis counselor or domestic violence advocate may\ndisclose such otherwise confidential communication to the extent\nauthorized by the client;\n 2. that a rape crisis counselor or domestic violence advocate shall\nnot be required to treat as confidential a communication by a client\nwhich reveals the intent to commit a crime or harmful act;\n 3. that a domestic violence advocate shall not be required to treat as\nconfidential a communication by a client which reveals a case of\nsuspected child abuse or maltreatment pursuant to title six of article\nsix of the social services law;\n 4. in a case in which the client waives the privilege by instituting\ncharges against the rape crisis counselor or domestic violence advocate\nor the rape crisis program or domestic violence program and such action\nor proceeding involves confidential communications between the client\nand the rape crisis counselor or domestic violence advocate.\n (c) Who may waive the privilege. The privilege may only be waived if\nthe client, the personal representative of a deceased client, or, in the\ncase of a client who has been adjudicated incompetent or for whom a\nconservator has been appointed, the committee or conservator provides\nthe rape crisis counselor or domestic violence advocate with informed,\nwritten and reasonably time-limited consent.\n (d) Limitation on waiver. A client who, for the purposes of obtaining\ncompensation under article twenty-two of the executive law or insurance\nbenefits, authorizes the disclosure of any privileged communication to\nan employee of the office of victim services or an insurance\nrepresentative shall not be deemed to have waived the privilege created\nby this section.\n