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's
official capacity by a client are privileged information and may not
be disclosed by the counselor to any person, except under the
following circumstances:

        (1) In a criminal proceeding involving a homicide if the
disclosure relates directly to the fact or immediate
circumstances of the homicide.

        (2) If the communication reveals the contemplation or
commission of a crime or a serious harmful act.

        (3) If:

            (A) the client is an unemancipated minor or an adult
adjudicated to be incompetent; and

            (B) the information communicated to the counselor indicates
the client was the victim of abuse or a crime.

        (4) In a proceeding to determine mental competency, or a
proceeding in which a defense of mental incompetency is
raised.

        (5) In a civil or criminal malpractice action against the
counselor.

        (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 express
consent of the client's legal representative.

        (7) To a physician if the physician is licensed under IC 25-22.5
and has established a physician-patient relationship with the
client.

        (8) Circumstances under which privileged communication is
abrogated under Indiana law.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997,
SEC.57.