No counselor or school psychologist, certificated in accordance with the certification regulations of the South Dakota Board of Education Standards, or social worker licensed under chapter 36-26 and regularly employed as a counselor, school psychologist, or social worker for a private or public elementary or secondary school or school system in the State of South Dakota, may divulge to any other person, or be examined concerning any information or communication given to the counselor, school psychologist, or social worker in the counselor’s, school psychologist’s, or social worker’s official capacity by a student unless:

(1) This privilege is waived in writing by the student; or

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(2) The information or communication was made to the counselor, school psychologist, or social worker for the express purpose of being communicated or of being made public; or

(3) The counselor, school psychologist, or social worker has reason to suspect, as a result of that information or communication, that the student or some other persons have been subjected to child abuse or that the student’s physical or mental health or the physical or mental health of other persons may be in jeopardy.

Source: SL 1972, ch 131; SL 1974, ch 161; SDCL Supp, § 19-2-5.1; SL 1998, ch 122, § 1; SDCL § 19-13-21.1; SL 2017, ch 81, § 57; SL 2019, ch 103, § 1.