A clinical social worker licensed by the State Board of Clinical Social Workers shall not be examined in a civil or criminal court proceeding as to any communication given the clinical social worker by a client in the course of noninvestigatory professional activity when such communication was given to enable the licensed clinical social worker to aid the client, except:
(1) When the client or those persons legally responsible for the client’s affairs give consent to the disclosure;
(2) When the client initiates legal action or makes a complaint against the licensed clinical social worker to the board;
(3) When the communication reveals a clear intent to commit a crime which reasonably is expected to result in physical injury to a person;
(4) When the information reveals that a minor was the victim of a crime, abuse or neglect; or
(5) When the licensed clinical social worker is a public employee and the public employer has determined that examination in a civil or criminal court proceeding is necessary in the performance of the duty of the social worker as a public employee. [1981 c.892 §33d; 1989 c.721 §46]
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