2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 45 - (4501 - 4548) EVIDENCE
4508 - Social worker.


NY CPLR § 4508 (2012) What's This?
 
    §  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.

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