§ 17-103-107 — Privileged communications

Arkansas § 17-103-107

• Jurisdiction: Arkansas
• Title: 17

Text

(a) (1) A licensed certified social worker, licensed master social worker, or licensed social worker or his or her secretary, stenographer, or clerk shall not disclose any information acquired from a person consulting him or her in his or her professional capacity except with the written consent of: (A) The person; or (B) In the case of death or disability of the person: (i) The person's own legal guardian; (ii) Another person authorized to sue on behalf of the person; or (iii) The beneficiary of an insurance policy on the person's life, health, or physical condition. (2) A licensed certified social worker, licensed master social worker, or licensed social worker is not required to treat as confidential a communication that reveals the intended commission of a crime or a harmful act. (3) If the person is a minor under the laws of this state and the information acquired by the licensed certified social worker, licensed master social worker, or licensed social worker indicates that the minor was the victim or subject of a crime, the licensed certified social worker, licensed master social worker, or the licensed social worker may be required to testify fully in any examination, trial, or other proceedings in which the commission of such a crime is the subject of inquiry. (4) The licensed certified social worker, licensed master social worker, or the licensed social worker may disclose a person's acquired information: (A) If the person waives the privilege by bringing charges against the licensed certified social worker, licensed master social worker, or the licensed social worker; or (B) (i) In the course of formally reporting to, conferring with, or consulting with administrative superiors, colleagues, or consultants who share professional responsibility. (ii) Under any circumstance specified in this subdivision (a)(4)(B), a recipient of the disclosed information is bound under this section to regard the information as privileged. (b) This section does not prohibit a licensed social worker, a licensed master social worker, or a licensed certified social worker from voluntarily testifying in court hearings concerning matters of adoption, child abuse, child neglect, or other matters pertaining to children, the elderly, and adults with disabilities, except as prohibited under applicable state and federal laws.

Legislative History

Amended by Act 2023, No. 503,§ 4, eff. 8/1/2023. Amended by Act 2015, No. 1170,§ 2, eff. 7/22/2015. Acts 1999, No. 1122, § 1.