CHAPTER 6. SOCIAL WORKERS; PRIVILEGED COMMUNICATIONS
IC 25-23.6-6
Chapter 6. Social Workers; Privileged Communications
IC 25-23.6-6-1
Matters related in official capacity; exceptions to privilege
Sec. 1. Matters communicated to a counselor in the counselor'sofficial capacity by a client are privileged information and may notbe disclosed by the counselor to any person, except under thefollowing circumstances:
(1) In a criminal proceeding involving a homicide if thedisclosure relates directly to the fact or immediatecircumstances of the homicide.
(2) If the communication reveals the contemplation orcommission of a crime or a serious harmful act.
(3) If:
(A) the client is an unemancipated minor or an adultadjudicated to be incompetent; and
(B) the information communicated to the counselor indicatesthe client was the victim of abuse or a crime.
(4) In a proceeding to determine mental competency, or aproceeding in which a defense of mental incompetency israised.
(5) In a civil or criminal malpractice action against thecounselor.
(6) If the counselor has the express consent of:
(A) the client; or
(B) in the case of a client's death or disability, the expressconsent of the client's legal representative.
(7) To a physician if the physician is licensed under IC 25-22.5and has established a physician-patient relationship with theclient.
(8) Circumstances under which privileged communication isabrogated under Indiana law.
As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997,SEC.57.