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N.Y. CPLR § 4508

N.Y. CPLR § 4508 - Social Worker Privilege (2024)

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Verbatim reference text. This is the full, unedited text of N.Y. CPLR § 4508, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 4508 Social worker § 4508. Social worker. (a) Confidential information privileged. Aperson licensed as a licensed master social worker or a licensedclinical social worker under the provisions of article one hundredfifty-four of the education law shall not be required to disclose acommunication made by a client, or his or her advice given thereon, inthe course of his or her professional employment, nor shall any clerk,stenographer or other person working for the same employer as suchsocial worker or for such social worker be allowed to disclose any suchcommunication or advice given thereon; except1. that such social worker may disclose such information as the clientmay authorize;2. that such social worker shall not be required to treat asconfidential a communication by a client which reveals the contemplationof a crime or harmful act;3. where the client is a child under the age of sixteen and theinformation acquired by such social worker indicates that the client hasbeen the victim or subject of a crime, the social worker may be requiredto testify fully in relation thereto upon any examination, trial orother proceeding in which the commission of such crime is a subject ofinquiry;4. where the client waives the privilege by bringing charges againstsuch social worker and such charges involve confidential communicationsbetween the client and the social worker.(b) Limitations on waiver. A client who, for the purpose of obtaininginsurance benefits, authorizes the disclosure of any such privilegedcommunication to any person shall not be deemed to have waived theprivilege created by this section. For purposes of this subdivision:1. "person" shall mean any individual, insurer or agent thereof, peerreview committee, public or private corporation, political subdivisio ated by this section. For purposes of this subdivision:1. "person" shall mean any individual, insurer or agent thereof, peerreview committee, public or private corporation, political subdivision,government agency, department or bureau of the state, municipality,industry, co-partnership, association, firm, trust, estate or any otherlegal entity whatsoever; and2. "insurance benefits" shall include payments under a self-insuredplan.