§ 4510. Rape crisis counselor or domestic violence advocate. (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, as added by chapter 432 of the laws of
1993, 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, as added by chapter 432 of the laws of 1993, and
who, regardless of compensation, is acting under the direction and
supervision of an approved rape crisis program.

3. "Client" means (i) 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; or

(ii) any victim of domestic violence as defined in section four
hundred fifty-nine-a of the social services law.

4. "Domestic violence program" means a residential program for victims
of domestic violence or a non-residential program for victims of
domestic violence as defined in section four hundred fifty-nine-a of the
social 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 under
the direction and supervision of a licensed and approved domestic
violence program and has satisfied the training standards required by
the office of children and family services.

(b) Confidential information privileged. A rape crisis counselor or
domestic violence advocate 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 domestic violence advocate or for the rape crisis
counselor or domestic violence advocate 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 or domestic violence advocate may
disclose such otherwise confidential communication to the extent
authorized by the client;

2. that a rape crisis counselor or domestic violence advocate 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. that a domestic violence advocate shall not be required to treat as
confidential a communication by a client which reveals a case of
suspected child abuse or maltreatment pursuant to title six of article
six of the social services law;

4. in a case in which the client waives the privilege by instituting
charges against the rape crisis counselor or domestic violence advocate
or the rape crisis program or domestic violence program and such action
or proceeding involves confidential communications between the client
and the rape crisis counselor or domestic violence advocate.

(c) Who may waive the privilege. The privilege may only be waived if
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 provides
the 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 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 office of victim services or an insurance
representative shall not be deemed to have waived the privilege created
by this section.