The State of New Mexico legally recognizes that communication between a counselor and his/her client is privileged. All EAP client records are kept strictly confidential and are not noted in any official University record or the employee's personnel file. Information discussed during the interview with the EAP counselor is not communicated to anyone without the employee's consent.
Limits to Confidentiality
There are a few narrow exceptions to confidentiality. If you
are in imminent or forseeable danger to yourself or are a significant danger
to someone else, we have the obligation to break confidentiality
in order to protect you or others. Your records can be subpoenaed
in instances such as your claiming emotional damages in a lawsuit.
If you are abusing children or vulnerable adults or inform us
concerning someone who is, we then have the legal responsibility
to report this to the proper authorities. Such a report could
potentially lead to your disclosure of your being a client and
require testimony concerning the suspected abuse.
We also reserve the right to consult with your treating physician at the NMSU Employee Health Services when professionally appropriate as well as consult with other professional staff affiliated with the EAP program.
If an employee is referred by his/her supervisor because of work performance problems, the EAP counselor will confidentially advise the referring supervisor only about whether the employee has kept an appointment. The employee will be notified that this is taking place. The EAP counselor will not discuss the employee's personal problems with, or release any additional information to the supervisor or anyone else except as required by law, without the express consent of the employee. Keep in mind that attendance at EAP is totally voluntary. Referral to EAP is not to be used as a disciplinary action.