§4008. Privileged communications
337 words·~2 min read·
/me/title-20-a-education/chapter-201-general-provisions/4008·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. Definitions. As used in this section, unless the context indicates otherwise, the following terms have the following meanings.
A. "Client" means a person who has actively sought or is in the process of seeking professional help from a school counselor or school social worker. [PL 1989, c. 396, §1 (AMD).]
B. "School counselor" means a person who is employed as a school counselor in a school setting and who:
(1)Is certified as a school counselor by the department; or
(2)Possesses a minimum of a master's degree in an approved program in guidance and counseling. [PL 1981, c. 693, §§5, 8 (NEW).]
C. "School social worker" means a person who is employed as a school social worker in a school setting and who:
(1)Is licensed as a social worker by the State Board of Social Worker Licensure; or
(2)Possesses a bachelor's degree and has been granted a conditional license from the State Board of Social Worker Licensure. [PL 1989, c. 396, §2 (NEW).]
[PL 1989, c. 396, §§1, 2 (AMD).]
2. Privileged communication. A school counselor or school social worker may not be required, except as provided by this section, to divulge or release information gathered during a counseling relation with a client or with the parent, guardian or a person or agency having legal custody of a minor client. A counseling relation and the information resulting from it shall be kept confidential consistent with the professional obligations of the counselor or social worker.
[PL 1989, c. 396, §3 (AMD).]
3. Exceptions. This section shall not apply to the extent that disclosure of information is necessary:
A. To comply with Title 22, chapter 1071 ; and [PL 1983, c. 781, §1 (AMD).]
B. To report to an appropriate authority or to take appropriate emergency measure when:
(1)The client's condition requires others to assume responsibility for the client; or
(2)There is clear and imminent danger to the client or others. [PL 1983, c. 806, §42 (AMD).]
[PL 1983, c. 806, §42 (AMD).]