46-453. Immunity of participants; nonprivileged
communication
A. Any person making a complaint, furnishing a report, information or records
required or authorized by this chapter or otherwise participating in the program
authorized by this chapter or in a judicial or administrative proceeding or investigation
resulting from reports, information or records submitted or obtained pursuant to this
chapter is immune from any civil or criminal liability by reason of such action, unless
the person acted with malice or unless such person has been charged with or is suspected
of abusing, exploiting or neglecting the vulnerable adult in question. Except as provided
in subsection B of this section the physician-patient privilege, husband-wife privilege
or any privilege except the attorney-client privilege, provided for by professions such
as the practice of social work or nursing covered by law or a code of ethics regarding
practitioner-client confidences, both as they relate to the competency of the witness and
to the exclusion of confidential communications, shall not pertain in any civil or
criminal litigation in which a vulnerable adult's exploitation, abuse or neglect is an
issue nor in any judicial or administrative proceeding resulting from a report,
information or records submitted or obtained pursuant to section 46-454 nor in any
investigation of a vulnerable adult's exploitation, abuse or neglect conducted by a peace
officer or a protective services worker.
B. In any civil or criminal litigation in which incapacitation, abuse, exploitation
or neglect of a vulnerable adult is an issue, a clergyman or priest shall not, without
his consent, be examined as a witness concerning any confession made to him in his role
as a clergyman or a priest in the course of the discipline enjoined by the church to
which he belongs.
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