COMDTINST 1740.07A
OCT. 21, 1997
However, EAP records may be disclosed:
(a)
with the written consent of the employee,
(b)
to appropriate authorities when the employee commits or threatens to
commit a crime or other act that could result in danger to himself or others,
(c)
to appropriate agencies* when they relate to instances of child abuse or
neglect, or family violence,
* As a point of clarification, the term appropriate agencies in
paragraph d.(1)(c) or appropriate authorities in (d).(1)(b) includes
the Coast Guard for purposes of criminal behavior including , but
not limited to, spouse abuse, child abuse, and the risk of harming
either self or others
(d)
pursuant to the order of a court of competent jurisdiction, including a
subpoena if signed by a judge,
(e)
to medical personnel in an emergency, or
(f)
to a new EAP contractor after the old contractor has surrendered the records
to FOH.
(2)
Intra-governmental uses: Pursuant to established administrative procedures, EAP
records may be subject to disclosure for uses within the United States government
as follows:
(a)
to the Department of Justice (DOJ) for the adjudication of a claim for or
against the U.S.,
(b)
to DOJ for preparation for litigation involving the United States or a federal
employee acting within the scope of his employment,
(c)
to appropriate civilian or military authorities when the employee commits or
threatens to commit a crime or other act that could result in a danger to
himself or others, or when the employee, due to the nature of his/her duties,
otherwise poses a threat to the safety of others,
(d)
upon written request of the Coast Guard, to trial counsel, Coast Guard
enforcement activity. However, in courts-martial, the information obtained
may be used only to impeach or rebut evidence presented by an accused (the
subject of the record),
(e)
to direct supervisors in a manner limited to confirming that an employee
kept an appointment.
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