Section 4008 - Privileged communications1.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. [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. [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. [1989, c. 396, §2(NEW).] [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. [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 [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. [1983, c. 806, §42(AMD).] [1983, c. 806, §42(AMD).]
1981, c. 693, §§5,8 (NEW) . 1983, c. 485, § 21 (AMD) . 1983, c. 781, § 1 (AMD) . 1983, c. 806, § 42 (AMD) . 1989, c. 396, §§1-3 (AMD) .