§ 25-40-2-2 — Privileged information disclosed to employee assistance professional

Matters communicated by a client to an
employee assistance professional in the employee assistance
professional's official capacity are privileged information and may not
be disclosed by the employee assistance professional to any person,
except under the following circumstances:
(1) In a criminal proceeding involving a homicide if the
disclosure relates directly to the fact or immediate circumstances
of the homicide.
(2) When the communication reveals the contemplation or
commission of a crime or a serious harmful act.
(3) When:
(A) the client is an unemancipated minor or an adult
adjudicated to be incompetent; and
(B) the information communicated to the employee assistance
professional indicates the client was the victim of abuse or a
crime.
(4) In a proceeding to determine mental competency or a
proceeding in which a defense of mental incompetency is raised.
(5) In a civil or criminal malpractice action against the employee
assistance professional.
(6) When the employee assistance professional has the express
consent of:
(A) the client; or
(B) the client's legal representative in the case of a client's death
or disability.
(7) To a physician when the physician is licensed under IC 25-22.5 and has established a physician-patient relationship with
the client.
(8) When privileged communication is abrogated under Indiana
law.

Legislative History

As added by P.L.185-1999, SEC.1.