36-32-27. Privileged information--Exceptions. No licensed professional counselor or licensed professional counselor--mental health or a counselor's employee may disclose any information the counselor may have acquired from persons consulting the counselor in a professional capacity that was necessary to enable the counselor to render services in a professional capacity to those persons except:

(1) With the written consent of the person or, in the case of death or disability, of the person's own personal representative, other person authorized to sue, or the beneficiary of an insurance policy on the person's life, health, or physical condition;

(2) That a licensed professional counselor or licensed professional counselor--mental health is not required to treat as confidential a communication that reveals the contemplation or the commission of a crime or a harmful act;

(3) If the person is a minor under the laws of this state and the information acquired by the licensed professional counselor or licensed professional counselor--mental health indicated that the minor was the victim or subject of a crime, the licensed professional counselor or licensed professional--mental health may be required to testify fully in any examination, trial, or other proceeding in which the commission of such a crime is the subject of inquiry;

(4) If the person waives the privilege by bringing charges against the licensed professional counselor or licensed professional counselor--mental health.Source: SL 1990, ch 313, § 27; SL 1998, ch 240, § 9.