HARRY HUGHES, Governor

3435

(5)  AT THE BOTTOM OF THE FIRST PAGE OF THE DISCLOSURE
STATEMENT, THE WORDS, "THIS INFORMATION IS REQUIRED BY THE BOARD
OF EXAMINERS OF PROFESSIONAL COUNSELORS WHICH REGULATES ALL
CERTIFIED PROFESSIONAL COUNSELORS"; AND

(6)  IMMEDIATELY BENEATH THE STATEMENT REQUIRED BY
ITEM (5) OF THIS SUBSECTION, THE NAME, ADDRESS, AND TELEPHONE
NUMBER OF THE BOARD.

15.5-313.

(A) THE CERTIFIED PROFESSIONAL COUNSELOR MAY NOT TESTIFY IN

COURT CONCERNING CONFIDENTIAL COMMUNICATIONS MADE TO THE

CERTIFIED PROFESSIONAL COUNSELOR BY A CLIENT IN THE PRACTICE OF
PROFESSIONAL COUNSELING OR THE ADVICE GIVEN TO A CLIENT AS A PART
OF THAT PRACTICE UNLESS ANY OF THE FOLLOWING APPLY:

(1) THE COMMUNICATION OR ADVICE INDICATES CLEAR AND
PRESENT DANGER TO THE CLIENT OR OTHER PERSONS, INCLUDING CASES IN
WHICH THERE ARE INDICATIONS OF PRESENT OR PAST CHILD ABUSE OR
NEGLECT BY OR OF THE CLIENT;

(2) THE CLIENT GIVES EXPRESS CONSENT TO THE

TESTIMONY;

(3) IF THE CLIENT IS DECEASED, THE SURVIVING SPOUSE,
EXECUTOR, OR ADMINISTRATOR OF THE ESTATE OF THE DECEASED CLIENT
GIVES EXPRESS CONSENT;

(4) THE CLIENT VOLUNTARILY TESTIFIES IN WHICH CASE
THE CERTIFIED PROFESSIONAL COUNSELOR MAY BE COMPELLED TO TESTIFY
ON THE SAME SUBJECT; OR

(5) THE COURT IN CHAMBERS DETERMINES THAT THE

INFORMATION COMMUNICATED BY THE CLIENT IS NOT GERMANE TO THE
COUNSELOR CLIENT RELATIONSHIP.

(B) THIS SECTION DOES NOT:

(1) RELIEVE A CERTIFIED PROFESSIONAL COUNSELOR FROM
THE REQUIREMENT TO REPORT INFORMATION CONCERNING CHILD ABUSE OR
NEGLECT; OR

(2) LIMIT ANY IMMUNITY OR PRIVILEGE GRANTED UNDER
FEDERAL LAW, RULE, OR REGULATION.

15.5-314 15.5-313.

SUBJECT TO THE HEARING PROVISIONS OF § 15.5-317 15.5-314 OF
THIS SUBTITLE, THE BOARD, ON THE AFFIRMATIVE VOTE OF A MAJORITY
OF ITS MEMBERS THEN SERVING, MAY DENY A CERTIFICATE TO ANY
APPLICANT, REPRIMAND ANY CERTIFICATE HOLDER, OR SUSPEND OR REVOKE
A CERTIFICATE OF ANY CERTIFICATE HOLDER IF THE APPLICANT OR
CERTIFICATE HOLDER: