2021 New York Laws
CVP - Civil Practice Law and Rules
Article 45 - Evidence
4508 - Social Worker.

Universal Citation: NY CPLR § 4508 (2021)
§  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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