N.Y. C.P.L.R. 4510

§ 4510. Rape crisis counselor. (a) Definitions. When used in this\nsection, the following terms shall have the 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, offering counseling and assistance to\nclients concerning sexual offenses, 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, and who, regardless of compensation, is acting\nunder the direction and supervision of an approved rape crisis program.\n 3. "Client" means any person who is seeking or receiving the services\nof a rape crisis counselor for the purpose of securing counseling or\nassistance concerning any sexual offenses, sexual abuse, incest or\nattempts to commit sexual offenses, sexual abuse, or incest, as defined\nin the penal law.\n (b) Confidential information privileged. A rape crisis counselor shall\nnot be required to disclose a communication made by his or her client to\nhim or her, or advice given thereon, in the course of his or her\nservices nor shall any clerk, stenographer or other person working for\nthe same program as the rape crisis counselor or for the rape crisis\ncounselor be allowed to disclose any such communication or advice given\nthereon nor shall any records made in the course of the services given\nto the client or recording of any communications made by or to a client\nbe required to be disclosed, nor shall the client be compelled to\ndisclose such communication or records, except:\n 1. that a rape crisis counselor may disclose such otherwise\nconfidential communication to the extent authorized by the client;\n 2. that a rape crisis counselor shall not be required to treat as\nconfidential a communication by a client which reveals the intent to\ncommit a crime or harmful act;\n 3. in a case in which the client waives the privilege by instituting\ncharges against the rape crisis counselor or the rape crisis program and\nsuch action or proceeding involves confidential communications between\nthe client and the rape crisis counselor.\n (c) Who may waive the privilege. The privilege may only be waived by\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.\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