CHAPTER 2. TRAINING AND STATE CERTIFICATION PROGRAMS

IC 25-40-2
    Chapter 2. Training and State Certification Programs

IC 25-40-2-1
Certified employee assistance professional
    Sec. 1. An individual who desires in-state, local certification as acertified employee assistance professional must be identified by anauthorized program as a certified employee assistance professionalby the commission. To qualify for an in-state, local certification, theindividual must be experienced, trained, and educated in thefollowing areas:
        (1) Identification and resolution of productivity problemsassociated with employees impaired by the following concernsthat may adversely affect employee job performance:
            (A) Health concerns.
            (B) Marital concerns.
            (C) Family concerns.
            (D) Financial concerns.
            (E) Substance abuse and other addiction concerns.
            (F) Workplace concerns.
            (G) Legal concerns.
            (H) Emotional concerns.
            (I) Other workplace concerns.
        (2) Selecting and evaluating available community resources.
        (3) Making appropriate referrals.
        (4) Knowledge of local and national employee assistanceagreements.
        (5) Client confidentiality.
        (6) Other areas specified by the program.
As added by P.L.185-1999, SEC.1.

IC 25-40-2-2
Privileged information disclosed to employee assistanceprofessional
    Sec. 2. Matters communicated by a client to an employeeassistance professional in the employee assistance professional'sofficial capacity are privileged information and may not be disclosedby the employee assistance professional to any person, except underthe following circumstances:
        (1) In a criminal proceeding involving a homicide if thedisclosure relates directly to the fact or immediatecircumstances of the homicide.
        (2) When the communication reveals the contemplation orcommission of a crime or a serious harmful act.
        (3) When:
            (A) the client is an unemancipated minor or an adultadjudicated to be incompetent; and
            (B) the information communicated to the employeeassistance professional indicates the client was the victim ofabuse 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 theemployee assistance professional.
        (6) When the employee assistance professional has the expressconsent of:
            (A) the client; or
            (B) the client's legal representative in the case of a client'sdeath or disability.
        (7) To a physician when the physician is licensed underIC 25-22.5 and has established a physician-patient relationshipwith the client.
        (8) When privileged communication is abrogated under Indianalaw.
As added by P.L.185-1999, SEC.1.