5166

VETOES

(4) "WITNESS" MEANS A LICENSED CERTIFIED SOCIAL

WORKER OR ANY OTHER PERSON PARTICIPATING DIRECTLY OR VITALLY

WITH A__LICENSED CERTIFIED SOCIAL WORKER IN RENDERING

SERVICES TO A CLIENT, IN CONSULTATION WITH OR UNDER DIRECT
SUPERVISION OF A LICENSED CERTIFIED SOCIAL WORKER.

(B) UNLESS OTHERWISE PROVIDED, IN ALL JUDICIAL,

LEGISLATIVE, OR ADMINISTRATIVE PROCEEDINGS, A CLIENT HAS A

PRIVILEGE TO REFUSE TO DISCLOSE, AND TO PREVENT A WITNESS

FROM DISCLOSING, COMMUNICATIONS MADE TO A LICENSED,

CERTIFIED SOCIAL" WORKER WHILE THE CLIENT WAS RECEIVING
COUNSELING.

(C) IF A CLIENT IS INCOMPETENT TO ASSERT OR WAIVE THIS
PRIVILEGE, A GUARDIAN SHALL BE APPOINTED AND SHALL ACT FOR
THE CLIENT. A PREVIOUSLY APPOINTED GUARDIAN HAS THE SAME
AUTHORITY.

(D) THERE IS NO PRIVILEGE IF:

(1) A DISCLOSURE IS NECESSARY FOR THE PURPOSE OF
PLACING THE CLIENT IN A FACILITY FOR MENTAL ILLNESS;

(2) A JUDGE FINDS THAT THE CLIENT, AFTER BEING
INFORMED THERE WILL BE NO PRIVILEGE, MAKES COMMUNICATIONS IN
THE COURSE OF AN EXAMINATION ORDERED BY THE COURT AND THE
ISSUE AT "TRIAL INVOLVES THE CLIENT'S MENTAL OR EMOTIONAL
CONDITION;

(3) IN A CIVIL OR CRIMINAL PROCEEDING:

(I) THE CLIENT INTRODUCES HIS MENTAL
CONDITION AS AN ELEMENT OF HIS CLAIM OR DEFENSE; OR

(II) AFTER THE CLIENT'S DEATH, HIS MENTAL
CONDITION IS INTRODUCED BY ANY PARTY CLAIMING OR DEFENDING
THROUGH OR AS A BENEFICIARY OF THE CLIENT;

(4) THE CLIENT OR THE PERSONAL REPRESENTATIVE OF
THE CLIENT MAKES A CLAIM AGAINST THE LICENSED CERTIFIED
SOCIAL WORKER FOR MALPRACTICE;

(5) THE CLIENT EXPRESSLY CONSENTS TO WAIVE THE
PRIVILEGE, OR IN THE CASE OF DEATH OR DISABILITY, HIS
PERSONAL REPRESENTATIVE WAIVES THE PRIVILEGE FOR PURPOSE OF
MAKING CLAIM OR BRINGING SUIT ON A POLICY OF INSURANCE ON
LIFE, HEALTH, OR PHYSICAL CONDITION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1982.

June 1, 1982
The Honorable James Clark, Jr.