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COPE Client Confidentiality

 

Established June 2007

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Clients have the right to confidentiality and COPE pledges to hold all your personal, privileged communication and information in confidence.  There is a process called release of information where you authorize COPE to release or obtain information necessary for your intervention to or from another professional and/or organization.  Obtained information is held in the same confidence.  There are exceptions to your right of confidentiality which you should know:

 

  1. Under New Mexico law, a client release of information is not required “When such disclosure is necessary to protect against a clear and substantial risk of imminent serious physical injury or death by the client on himself or another.” (New Mexico Statute 43-1-19.)

  2. New Mexico law, Statute 32-1-5, requires that child abuse and neglect be reported.  “Any licensed physician, resident or intern examining, attending or treating a child; any law enforcement officer; registered nurse; visiting nurse; school teacher, or social worker acting in his official capacity or any other person knowing or having reasonable suspicion that a child is an abused or neglected child shall report the matter immediately to (1) a local law enforcement agency; or (2) Central Intake at New Mexico Children, Youth and Families Department.”

  3. COPE charts are subject to periodic review and staffing with pertinent COPE staff.  A client release of information is not required for such internal reviews and staffings.

  4. In the event of legal action, your client chart and/or your practitioner may be subpoenaed.  New Mexico statutes allow for privileged communication between a victim advocate and a domestic violence victim.  If you are not a victim of domestic violence, such privilege may not be upheld and your practitioner’s testimony may be introduced in any legal action.

  5. If you (present or former client) initiate legal action against COPE and or its employees, interns or volunteers, a release of information is not required for our defense.



     

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