§ 4508. Social worker.
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§ 4508. Social worker.
(a)Confidential information privileged. A
person licensed as a licensed master social worker or a licensed
clinical social worker under the provisions of article one hundred
fifty-four of the education law shall not be required to disclose a
communication made by a client, or his or her advice given thereon, in
the course of his or her professional employment, nor shall any clerk,
stenographer or other person working for the same employer as such
social worker or for such social worker be allowed to disclose any such
communication or advice given thereon; except
1. that such social worker may disclose such information as the client
may authorize;
2. that such social worker shall not be required to treat as
confidential a communication by a client which reveals the contemplation
of a crime or harmful act;
3. where the client is a child under the age of sixteen and the
information acquired by such social worker indicates that the client has
been the victim or subject of a crime, the social worker may be required
to testify fully in relation thereto upon any examination, trial or
other proceeding in which the commission of such crime is a subject of
inquiry;
4. where the client waives the privilege by bringing charges against
such social worker and such charges involve confidential communications
between the client and the social worker.
(b)Limitations on waiver. A client who, for the purpose of obtaining
insurance benefits, authorizes the disclosure of any such privileged
communication to any person shall not be deemed to have waived the
privilege created by this section. For purposes of this subdivision:
1. "person" shall mean any individual, insurer or agent thereof, peer
review committee, public or private corporation, political subdivision,
government agency, department or bureau of the state, municipality,
industry, co-partnership, association, firm, trust, estate or any other
legal entity whatsoever; and
2. "insurance benefits" shall include payments under a self-insured
plan.