Confidentiality

27 V.I.C. § 537 — under Social Workers.

27 V.I.C. § 537

(a) No social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker shall disclose any information acquired from or provided by a client or from persons consulting with the social worker in a professional capacity except:(1) with the written consent of a client or persons consulting with the social worker in a professional capacity or their personal representative or, in the case of death or disability, the person’s personal representative, or other person authorized to sue on his behalf;(2) that a social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker is not 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 laws of the Virgin Islands and the information acquired by a licensed social work associate, social worker, licensed master social worker, or licensed clinical social worker indicates that the minor was the victim or subject of a crime, or when the social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker may be required to testify fully in any examination, trial, or other proceeding in which the commission of a crime is the subject of inquiry;(4) when the person waives the right of confidentiality by bringing charges against the social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker; or(5) pursuant to the order of a court of competent jurisdiction.

(1) with the written consent of a client or persons consulting with the social worker in a professional capacity or their personal representative or, in the case of death or disability, the person’s personal representative, or other person authorized to sue on his behalf;

(2) that a social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker is not 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 laws of the Virgin Islands and the information acquired by a licensed social work associate, social worker, licensed master social worker, or licensed clinical social worker indicates that the minor was the victim or subject of a crime, or when the social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker may be required to testify fully in any examination, trial, or other proceeding in which the commission of a crime is the subject of inquiry;

(4) when the person waives the right of confidentiality by bringing charges against the social work associate, licensed social worker, licensed master social worker, or licensed clinical social worker; or

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

(b) A person having access to records or anyone who participates in providing social work services, or who, in providing any human services, is supervised by a licensed master social worker, licensed clinical social worker or other individual who may be providing direct clinical supervision as required under § 533(2)(2) is similarly bound to regard all information and communications as privileged in accordance with this section.

(c) Violation of this section is a misdemeanor punishable by a fine of not less than $100.