2019 House Bill 1155 - Senate Education

State of South Dakota  
NINETY-FOURTH SESSION
LEGISLATIVE ASSEMBLY, 2019  

299B0488   SENATE EDUCATION ENGROSSED    NO.  HB 1155 -  2/26/2019  

Introduced by:    Representatives Borglum, Chase, Diedrich, Finck, Hunhoff, Johns, Johnson (David), and Peterson (Kent) and Senators Solano, Cronin, Rusch, Smith (VJ), and Soholt
 

        FOR AN ACT ENTITLED, An Act to provide for certain privileged communications between social workers and students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That ยง 19-19-508.1 be amended to read:
    19-19-508.1. No counselor or school psychologist, certificated in accordance with the certification regulations of the South Dakota Board of Education Standards, or social worker licensed under chapter 36-26 and regularly employed as a counselor or, school psychologist, or social worker for a an accredited private or public elementary or secondary school or school system in the State of South Dakota, may divulge to any other person, or be examined concerning any information or communication given to the counselor or, school psychologist, or social worker in the counselor's or, school psychologist's, or social worker's official capacity by a student unless:
            (1)    This privilege is waived in writing by the student; or
            (2)    The information or communication was made to the counselor or, school

psychologist, or social worker for the express purpose of being communicated or of being made public; or

            (3)    The counselor or, school psychologist, or social worker has reason to suspect, as a result of that information or communication, that the student or some other persons have been subjected to child abuse or that the student's physical or mental health or the physical or mental health of other persons may be in jeopardy.

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