Section 25-23.6-6-1 - Matters related in official capacity; exceptions to privilege Matters communicated to a counselor in the counselor's official capacity by a client are privileged information and may not be disclosed by the counselor 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) If the communication reveals the contemplation or commission of a crime or a serious harmful act.(3) If:(A) the client is an unemancipated minor or an adult adjudicated to be incompetent; and(B) the information communicated to the counselor 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 counselor.(6) If the counselor has the express consent of:(B) in the case of a client's death or disability, the express consent of the client's legal representative.(7) To a physician if the physician is licensed under IC 25-22.5 and has established a physician-patient relationship with the client.(8) Circumstances under which privileged communication is abrogated under Indiana law.As added by P.L. 186-1990, SEC.9. Amended by P.L. 147-1997, SEC.57.