Exemptions to Confidentiality

Ohio Codes currently* contain seven exemptions to privileged communication (confidentiality) that include:

• The communication indicates that a person is at risk for child or elder abuse/neglect, suicide, or homicide;
• The client gives expressed consent to the testimony;
• If the client is deceased, the surviving spouse or the executor or administrator of the estate of the deceased client gives express consent;
• The client voluntarily testifies, in which case the counselor may be compelled to testify on the same subject;
• The court in-camera determines that the information communicated by the client is not germane to the counselor-client relationship.
• A court, in an action brought against a school, its administration, or any of its personnel by the client rules after an in-camera inspection that the testimony of the school counselor is relevant to that action, and;
• The testimony is sought in a civil action and concerns court-ordered treatment or services received by a patient as part of a case plan journalized under section 2151.412 [2151.41.2] of the Revised Code or the court-ordered treatment or services are necessary or relevant to dependency, neglect, or abuse or temporary or permanent custody proceedings under Chapter 2151 of the Revised Code.
• PLEASE NOTE: *The Office of Career and Counseling Services will comply with Ohio Codes if additional exemptions are enacted.