N.Y. CPLR § 4510

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 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 havethe following meanings:1. "Rape crisis program" means any office, institution or center whichhas been approved pursuant to subdivision fifteen of section two hundredsix of the public health law, as added by chapter 432 of the laws of1993, offering counseling and assistance to clients concerning sexualoffenses, sexual abuses or incest.2. "Rape crisis counselor" means any person who has been certified byan approved rape crisis program as having satisfied the trainingstandards specified in subdivision fifteen of section two hundred six ofthe public health law, as added by chapter 432 of the laws of 1993, andwho, regardless of compensation, is acting under the direction andsupervision of an approved rape crisis program.3. "Client" means (i) any person who is seeking or receiving theservices of a rape crisis counselor for the purpose of securingcounseling 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 fourhundred fifty-nine-a of the social services law.4. "Domestic violence program" means a residential program for victimsof domestic violence or a non-residential program for victims ofdomestic violence as defined in section four hundred fifty-nine-a of thesocial 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 underthe direction and supervision of a licensed and approved domesti Indian tribe,as defined by section two of the Indian law.5. "Domestic violence advocate" means any person who is acting underthe direction and supervision of a licensed and approved domesticviolence program and has satisfied the training standards required bythe office of children and family services.(b) Confidential information privileged. A rape crisis counselor ordomestic violence advocate shall not be required to disclose acommunication made by his or her client to him or her, or advice giventhereon, in the course of his or her services nor shall any clerk,stenographer or other person working for the same program as the rapecrisis counselor or domestic violence advocate or for the rape crisiscounselor or domestic violence advocate be allowed to disclose any suchcommunication or advice given thereon nor shall any records made in thecourse of the services given to the client or recording of anycommunications made by or to a client be required to be disclosed, norshall the client be compelled to disclose such communication or records,except:1. that a rape crisis counselor or domestic violence advocate maydisclose such otherwise confidential communication to the extentauthorized by the client;2. that a rape crisis counselor or domestic violence advocate shallnot be required to treat as confidential a communication by a clientwhich reveals the intent to commit a crime or harmful act;3. that a domestic violence advocate shall not be required to treat asconfidential a communication by a client which reveals a case ofsuspected child abuse or maltreatment pursuant to title six of articlesix of the social services law;4. in a case in which the client waives the privilege by institutingcharges against the rape crisis counselor or domestic violence advocateor the rape crisis program or domestic violence program and such actionor proceeding involves confidential communications between inst the rape crisis counselor or domestic violence advocateor the rape crisis program or domestic violence program and such actionor proceeding involves confidential communications between the clientand the rape crisis counselor or domestic violence advocate.(c) Who may waive the privilege. The privilege may only be waived ifthe client, the personal representative of a deceased client, or, in thecase of a client who has been adjudicated incompetent or for whom aconservator has been appointed, the committee or conservator providesthe 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 obtainingcompensation under article twenty-two of the executive law or insurancebenefits, authorizes the disclosure of any privileged communication toan employee of the office of victim services or an insurancerepresentative shall not be deemed to have waived the privilege createdby this section.