Privileged Communication for Associate Counselors

Greetings!

Thank you for your input and recommendations about future training topics.

A few topics came up including:

  • Support for newly independently licensed professionals who would like to embark upon private practice.
  • Education for counselors and supervisees when called to court to testify.
  • Other topics and inquiries this week related to whether or not privileged communication extends to associate counselors in the state of Georgia. The answer is “no” it does not.

This matter was bought to my attention by a colleague Charlie Safford, LCSW. He learned of this from Howard Gold an attorney and clinical social worker.

It is my understanding that this matter has been forwarded to Gale Macke at LPCA-GA. I am certain that they will be looking into this matter with the composite board and making recommendations.

The language in the current law can be found below:

West’s Code of Georgia Annotated Title 24. Evidence (Refs & Annos)
Chapter S. Privileges (Refs & Annos)

Ga. Code Ann. . 5 º4-5-§O1

I º4-5- §O1. Confidential communications excluded on grounds of public policy

Effective: January 1, 2013 Currentness

(a) There are certain admissions and communications excluded from evidence on grounds of public policy, including, but not limited to, the following:

(1) Communications between husband and wife;

(2) Communications between attorney and client;

(3) Communications among grand jurors;

(4) Secrets of state;

(5) Communications between psychiatrist and patient;

(6) Communications between licensed psychologist and patient as provided in Code Section
43-39-16;

(7) Communications between a licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, or licensed professional counselor and patient;

(8) Communications between or among any psychiatrist, psychologist, licensed clinical social worker, clinical nurse specialist in psychiatric/mental health, licensed marriage and family therapist, and licensed professional counselor who are rendering psychotherapy or have rendered psychotherapy to a patient, regarding that patient’s communications which are otherwise privileged by paragraph (5), (6), or (7) of this subsection; and

(9) Communications between accountant and client as provided by Code Section 43-3-32.

(b) As used in this Code section, the term:

(1) “Psychotherapy” means the employment of psychotherapeutic techniques.

(2) “Psychotherapeutic techniques” shall have the same meaning as provided in Code Section 43-10A-3.

Credits
Laws 2011, Act 52, § 2, eff. Jan. 1, 2013.

Notes of Decisions (788)

Ga. Code Ann., § 24-5-501, GA ST § 24-5-501
Current through Acts 343 to 346, 348 to 355, 357, 360, 365 to 368, 370, 372 to 373, 376 to 380, 382, 386, 390, 395, 397 to 398, 400 to 401, 408 to 410, 413, 415 to 420, 422 to 425, 427, 429 to 432, 434, 436, 441 to 444, 447, 450 to 451, 457, 462 to 463, 472 to 475, 477, 482, 499 to 500, 509, 511, 515 to 518, 525 to 526, 531, 536, 538, 544, 547, 552, 560 to 563, 571 to 573, 580, 595, 597, 598, 603, 608, 613, 616, 623, 63 l, 633, 641, 650 to 653, 655, 657, 658, 662, and 668 of the 2014 Regular Session.

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