N.Y. Civil Practice Law & Rules Section 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 Public Health Law § 206 (Commissioner)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 Public Health Law § 206 (Commissioner)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 Social Services Law § 459-A (Definitions)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 Social Services Law § 459-A (Definitions)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.

Source: Section 4510 — Rape crisis counselor or domestic violence advocate, https://www.­nysenate.­gov/legislation/laws/CVP/4510 (updated Jul. 30, 2021; accessed Jun. 15, 2024).

4501
Self-incrimination
4502
Spouse
4503
Attorney
4504
Physician, dentist, podiatrist, chiropractor and nurse
4505
Confidential communication to clergy privileged
4506
Eavesdropping evidence
4507
Psychologist
4508
Social worker
4509
Library records
4510
Rape crisis counselor or domestic violence advocate
4511
Judicial notice of law
4512
Competency of interested witness or spouse
4513
Competency of person convicted of crime
4514
Impeachment of witness by prior inconsistent statement
4515
Form of expert opinion
4516
Proof of age of child
4517
Prior testimony in a civil action
4518
Business records
4519
Personal transaction or communication between witness and decedent or person with a mental illness
4519‑A
Possession of opioid antagonists
4520
Certificate or affidavit of public officer
4521
Lack of record
4522
Ancient filed maps, surveys and records affecting real property
4523
Search by title insurance or abstract company
4524
Conveyance of real property without the state
4525
Copies of statements under article nine of the uniform commercial code
4526
Marriage certificate
4527
Death or other status of missing person
4528
Weather conditions
4529
Inspection certificate issued by United States department of agriculture
4530
Certificate of population
4531
Affidavit of service or posting notice by person unavailable at trial
4532
Self-authentication of newspapers and periodicals of general circulation
4532‑A
Admissibility of graphic, numerical, symbolic or pictorial representations of medical or diagnostic tests
4532‑B
An image, map, location, distance, calculation, or other information taken from a web mapping service, a global satellite imaging site, o...
4533
Market reports
4533‑A
Prima facie proof of damages
4533‑B
Proof of payment by joint tort-feasor
4534
Standard of measurement used by surveyor
4536
Proof of writing by comparison of handwriting
4537
Proof of writing subscribed by witness
4538
Acknowledged, proved or certified writing
4539
Reproductions of original
4540
Authentication of official record of court or government office in the United States
4540‑A
Presumption of authenticity based on a party’s production of material authored or otherwise created by the party
4541
Proof of proceedings before justice of the peace
4542
Proof of foreign records and documents
4543
Proof of facts or writing by methods other than those authorized in this article
4544
Contracts in small print
4545
Admissibility of collateral source of payment
4546
Loss of earnings and impairment of earning ability in actions for medical, dental or podiatric malpractice
4547
Compromise and offers to compromise
4548
Privileged communications
4549
Admissibility of an opposing party’s statement
4550
Admissibility of evidence related to legally protected health activity
4551
New York voting and elections database

Accessed:
Jun. 15, 2024

Last modified:
Jul. 30, 2021

§ 4510’s source at nysenate​.gov

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