Maine Revised Statutes Title 20-A Sec. 4008 – Privileged communications
Current as of: 2023 | Check for updates
|
Other versions
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. [PL 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. [PL 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. [PL 1989, c. 396, §2 (NEW).]
[PL 1989, c. 396, §§1, 2 (AMD).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 4008
- Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Parent: means a parent, guardian or legal guardian. See Maine Revised Statutes Title 20-A Sec. 1
- State board: means the State Board of Education. See Maine Revised Statutes Title 20-A Sec. 1
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.
[PL 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 [PL 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. [PL 1983, c. 806, §42 (AMD).]
[PL 1983, c. 806, §42 (AMD).]
SECTION HISTORY
PL 1981, c. 693, §§5, 8 (NEW). PL 1983, c. 485, §21 (AMD). PL 1983, c. 781, §1 (AMD). PL 1983, c. 806, §42 (AMD). PL 1989, c. 396, §§1-3 (AMD).