65-6315. Confidential information and communications; exceptions. - Kansas Statutes

65-6315

Chapter 65.--PUBLIC HEALTH Article 63.--SOCIAL WORKERS

      65-6315.   Confidential information andcommunications; exceptions.(a) No licensed social work associate or licensedbaccalaureate socialworker, secretary, stenographer or clerk of a licensed social workassociate or licensed baccalaureate social worker oranyone who participates in delivery of social work services or anyoneworking under supervision of a licensed social worker may disclose anyinformation such person may have acquired from personsconsulting such person in the person'sprofessional capacity or be compelled to disclose such information except:

      (1)   With the written consent of the client, or in the caseof death or disability, of the personal representativeof the client, other person authorized to sue or the beneficiaryof an insurance policy on the client's life, health orphysical condition;

      (2)   when the person is a child under the age of 18 years and theinformation acquired by the licensed socialworker indicated that the child was the victim or subject of a crime,the licensed social worker may be required to testify fully in relationthereto upon any examination, trial or other proceeding in which thecommission of such a crime is a subject of inquiry;

      (3)   when the person waives the privilege by bringingchargesagainst the licensed social worker but only to the extent that suchinformation is relevant under the circumstances.

      (b)   The confidential relations and communications between a licensedmaster social worker's or a licensed specialist clinical social worker's clientare placed on the same basis as provided by law for those between an attorneyand an attorney's client.

      (c)   Nothing in this section or in this act shall beconstrued to prohibit any licensedsocial worker from testifying in court hearings concerning matters of adultabuse, adoption,child abuse, child neglect, or other matters pertaining to the welfare ofchildren or from seeking collaboration or consultation with professionalcolleagues or administrative superiors, or both, onbehalf of the client.There is no privilege under this section for information which is requiredtobe reported to a public official.

      History:   L. 1974, ch. 372, § 15;L. 1986, ch. 340, § 5;L. 1999, ch. 117, § 15; July 1, 2000.