Exemptions to Confidentiality

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

• The communication or advice indicates clear and present danger to the client or other persons (cases in which there are indications of present or past child abuse or neglect of the client constitute a clear and present danger);
• 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.