Indiana § 25-40-2-2 - Privileged information disclosed to employee assistance professional

§ 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.

IC 25-41ARTICLE 41. REPEALEDRepealed by P.L.212-2021, SEC.13.

IC 25-42ARTICLE 42. INTERSTATE NURSE LICENSURE COMPACT

Ch. 1.Definitions Ch. 2.Findings and Purpose Ch. 3.General Provisions and Jurisdiction Ch. 4.Application for Nurse Licensure in a Party State Ch. 5.Additional Authorities Invested in Party State Licensing Boards Ch. 6.Coordinated Licensure Information System and Exchange of Information Ch. 7.Establishment of the Interstate Commission of Nurse Licensure Compact Administrators Ch. 8.Rulemaking Ch. 9.Oversight, Dispute Resolution, and Enforcement Ch. 10.Withdrawal and Amendment Ch. 11.Construction and Severability

IC 25-42-1Chapter 1. Definitions

25-42-1-1Application of definitions 25-42-1-2"Adverse action" 25-42-1-3"Alternative program" 25-42-1-4"Commission" 25-42-1-5"Coordinated licensure information system" 25-42-1-6"Current significant investigative information" 25-42-1-7"Encumbrance" 25-42-1-8"Home state" 25-42-1-9"Licensed nurse" 25-42-1-10"Licensing board" 25-42-1-11"Multistate license" 25-42-1-12"Multistate licensure privilege" 25-42-1-13"NCLEX" 25-42-1-14"Nurse license" 25-42-1-15"Party state" 25-42-1-16"Remote state" 25-42-1-17"Single state license" 25-42-1-18"State" 25-42-1-19"State board of nursing" 25-42-1-20"State practice laws"