§ 4508 — Social worker

New York § 4508

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 45: Evidence

Text

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