36-26-30. Social worker-client privilege--Exceptions.
No licensed certified social worker, 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 that was necessary to enable him to render services in his professional capacity to those persons except:
(1)With the written consent of the person or persons or, in the case of death or disability, of his own personal representative, other person authorized to sue, or the beneficiary of an insurance policy on his life, health, or physical condition;
(2)That a licensed certified social worker, licensed 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 a harmful act;
(3)When the person is a minor under the laws of this state and the information acquired by the licensed certified social worker, licensed social worker, or licensed social work associate indicated that the minor was the victim or subject of a crime, the certified social worker, the 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 privilege by bringing charges against the licensed certified social worker, social worker, or social work associate.
Source: SL 1975, ch 22, ยง41.
Structure South Dakota Codified Laws
Title 36 - Professions and Occupations
Section 36-26-1 - Definition of terms.
Section 36-26-2 - Purpose and application of chapter.
Section 36-26-5 - Terms of appointment.
Section 36-26-6 - Removal by Governor for cause--Filling of vacancies.
Section 36-26-11 - Titles and designations prohibited to unlicensed persons.
Section 36-26-13 - Board to issue licenses.
Section 36-26-14 - Qualifications of certified social worker.
Section 36-26-15 - Qualifications for social worker's license.
Section 36-26-15.1 - Licensure of persons graduating from social work programs in candidacy status.
Section 36-26-16 - Qualifications for social work associate.
Section 36-26-17 - Independent practice requirements.
Section 36-26-18 - Exemption from examination for out-of-state licensees.
Section 36-26-18.1 - National or multi-state licensing compact.
Section 36-26-19 - Application fees.
Section 36-26-21 - Times and places of examinations.
Section 36-26-22 - Re-examinations allowed--Fee.
Section 36-26-23 - Expiration and renewal of licenses--Renewal fee.
Section 36-26-24 - Display of license.
Section 36-26-25 - Annual publication of names of licensees and private practitioners.
Section 36-26-26 - Continuing education required--Waiver.
Section 36-26-28 - Re-examination required after lapse of license.
Section 36-26-29 - Promulgation of rules by board.
Section 36-26-30 - Social worker-client privilege--Exceptions.
Section 36-26-31 - Examination and inspection of private establishments--Access to premises.
Section 36-26-32 - Grounds for denial, revocation, suspension, or cancellation of license.
Section 36-26-33 - Initiation of cancellation, revocation, or suspension proceedings.
Section 36-26-35 - Proceedings to conform to administrative procedure.
Section 36-26-36 - Appeal from board rulings or decisions.
Section 36-26-38 - Record of license data kept by secretary-treasurer--Evidence--Certified copies.
Section 36-26-39 - Violation of chapter as misdemeanor.
Section 36-26-40 - Board to recommend prosecutions and civil actions for violations.
Section 36-26-41 - Investigation and report of violations--Employment of special counsel--Expenses.
Section 36-26-42 - Action to enjoin violations--Alternate to criminal proceedings--Election.
Section 36-26-44 - Issuance of temporary licenses--Validity--Expiration.