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.
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