45:15BB-13 - Disclosure of confidential information by social worker 

45:15BB-13.  Disclosure of confidential information by social worker 
     A social worker licensed or certified pursuant to the provisions of this act shall not be required to disclose any confidential information that the social worker may have acquired from a client or patient while performing social work services for that client or patient unless: 

    a.   Disclosure is required by other State law;

 

    b.   Failure to disclose the information presents a clear and present danger to the health or safety of an individual; 

    c.   The social worker is a party defendant to a civil, criminal or disciplinary action arising from the social work services provided, in which case a waiver of the privilege accorded by this section shall be limited to that action; 

    d.   The patient or client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses on that person's behalf; or 

    e.   A patient or client agrees to waive the privilege accorded by this section, and, in circumstances where more than one person in a family is receiving social work services, each such member agrees to the waiver. Absent a waiver from each family member, a social worker shall not disclose any information received from any family member. 

    L.1991,c.134,s.13.