Confidentiality

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  • (a) No licensed certified social worker, social worker, certified independent social worker, or social work associate or his employee may disclose any information he may have acquired from persons consulting him in his professional capacity except:

    • (1) With the written consent of the person or persons or, in the case of death or disability, of his own personal representative, or other person authorized to sue on his behalf;

    • (2) That a licensed certified social worker, licensed social worker, licensed certified independent social worker, or licensed social work associate shall not be required to treat as confidential a communication that reveals the contemplation of a crime or of a harmful act;

    • (3) When the person is a minor under the law of this territory and the information acquired by the licensed certified social worker, licensed social worker, licensed certified independent social worker, or the licensed social work associate indicates that the minor was the victim or subject of a crime, the certified social worker, the social worker, the certified independent social worker, or the social work associate 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) When the person waives the right of confidentiality by bringing charges against the licensed certified social worker, the social worker, the certified independent social worker, or the social work associate; or

    • (5) Pursuant to the order of a court of competent jurisdiction.

  • (b) Violation of subsection (a) of this section shall be a misdemeanor punishable by a fine of not less than $100 nor more than $500.


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