2010 Maine Code
TITLE 20-A: EDUCATION
Chapter 201: GENERAL PROVISIONS
20-A §4008. Privileged communications
Part 3: ELEMENTARY AND SECONDARY EDUCATION
§4008. Privileged communications
1. 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. 781, §1 (AMD); 1983, c. 806, §42 (AMD).]
SECTION HISTORY
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).
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