§ 5-39.1-4 - Social worker privilege.

SECTION 5-39.1-4

   § 5-39.1-4  Social worker privilege. –(a) No licensee under this chapter or an employee of a licensee may discloseany information acquired from clients or persons consulting with the licenseeto render professional services except:

   (1) With the written consent of the person(s) or, in the caseof death or disability, of the individual's personal representative, or personauthorized to sue, or the beneficiary of an insurance policy on an individual'slife, health, or physical conditions;

   (2) When there is a clear and present danger to the safety ofthe patient or client or to other individuals;

   (3) When a person is a minor under the laws of this state andthe information acquired by the licensee involves abuse of the minor, thelicensee is required to report this pursuant to § 40-11-3 and may berequired to testify fully in an examination, trial, or other proceeding inwhich the commission of this crime is the subject of inquiry;

   (4) When the person licensed or certified under this chapteris a party defendant to a civil, criminal, or disciplinary action arising froma complaint filed by the patient or client, in which case the waiver shall belimited to that action;

   (5) When the licensee is called upon to testify in court oradministrative hearings concerning the potential for abuse or neglect in fosterand adoptive placements; or

   (6) When the licensee is collaborating or consulting with anadministrative superior on behalf of the client.

   (b) The provisions of this chapter do not apply to thefollowing individuals:

   (1) Qualified members of other professions or occupationsengaging in practices similar in nature to clinical social work; provided, thatthey are authorized by the laws of this state to engage in similar practices,do not represent themselves as a "licensed clinical social worker" or "licensedindependent clinical social worker," and do not characterize their practices asclinical social work;

   (2) Students engaged in doctorate or master's level study ina school of social work accredited by the council on social work education;provided, that the students are practicing as part of a supervised course ofstudy and designated by such titles as "social work intern," "social worktrainee," "social work student" or others clearly indicating training status; or

   (3) State employees.