2006 New York Code - Rape Crisis Counselor.

 
    §  4510.  Rape  crisis  counselor.  (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,  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, and who, regardless of compensation, is acting
  under the direction and supervision of an approved rape crisis program.
    3. "Client" means 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.
    (b) Confidential information privileged. A rape crisis counselor 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  for  the  rape  crisis
  counselor  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  may  disclose  such  otherwise
  confidential communication to the extent authorized by the client;
    2. that a rape crisis counselor 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. in a case in which the client waives the privilege  by  instituting
  charges against the rape crisis counselor or the rape crisis program and
  such  action  or proceeding involves confidential communications between
  the client and the rape crisis counselor.
    (c) Who may waive the privilege. The privilege may only be  waived  by
  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.
    (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 crime victims board or an insurance representative
  shall not be deemed  to  have  waived  the  privilege  created  by  this
  section.