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
Intelligence, or other criminal investigators for civil or criminal law
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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