CHAPTER 2. TRAINING AND STATE CERTIFICATION PROGRAMS
IC 25-40-2
Chapter 2. Training and State Certification Programs
IC 25-40-2-1
Certified employee assistance professional
Sec. 1. An individual who desires in-state, local certification as a
certified employee assistance professional must be identified by an
authorized program as a certified employee assistance professional
by the commission. To qualify for an in-state, local certification, the
individual must be experienced, trained, and educated in the
following areas:
(1) Identification and resolution of productivity problems
associated with employees impaired by the following concerns
that may adversely affect employee job performance:
(A) Health concerns.
(B) Marital concerns.
(C) Family concerns.
(D) Financial concerns.
(E) Substance abuse and other addiction concerns.
(F) Workplace concerns.
(G) Legal concerns.
(H) Emotional concerns.
(I) Other workplace concerns.
(2) Selecting and evaluating available community resources.
(3) Making appropriate referrals.
(4) Knowledge of local and national employee assistance
agreements.
(5) Client confidentiality.
(6) Other areas specified by the program.
As added by P.L.185-1999, SEC.1.
IC 25-40-2-2
Privileged information disclosed to employee assistance
professional
Sec. 2. Matters communicated by a client to an employee
assistance professional in the employee assistance professional's
official capacity are privileged information and may not be disclosed
by the employee assistance professional 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) When the communication reveals the contemplation or
commission of a crime or a serious harmful act.
(3) When:
(A) the client is an unemancipated minor or an adult
adjudicated to be incompetent; and
(B) the information communicated to the employee
assistance professional 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
employee assistance professional.
(6) When the employee assistance professional has the express
consent of:
(A) the client; or
(B) the client's legal representative in the case of a client's
death or disability.
(7) To a physician when the physician is licensed under
IC 25-22.5 and has established a physician-patient relationship
with the client.
(8) When privileged communication is abrogated under Indiana
law.
As added by P.L.185-1999, SEC.1.