Sec. 1. Matters communicated to a counselor in the counselor’s official capacity by a client are privileged information and may not be disclosed by the counselor to any person, except under the following circumstances:

(1) In a criminal proceeding involving a homicide if the disclosure relates directly to the fact or immediate circumstances of the homicide.

(2) If the communication reveals the contemplation or commission of a crime or a serious harmful act.

(3) If:

(A) the client is an unemancipated minor or an adult adjudicated to be incompetent; and

(B) the information communicated to the counselor indicates the client was the victim of abuse or a crime.

(4) In a proceeding to determine mental competency, or a proceeding in which a defense of mental incompetency is raised.

(5) In a civil or criminal malpractice action against the counselor.

(6) If the counselor has the express consent of:

(A) the client; or

(B) in the case of a client’s death or disability, the express consent of the client’s legal representative.

(7) To a physician if the physician is licensed under IC 25-22.5 and has established a physician-patient relationship with the client.

(8) Circumstances under which privileged communication is abrogated under Indiana law.

As added by P.L.186-1990, SEC.9. Amended by P.L.147-1997, SEC.57.