(a) Confidential information privileged. A person licensed as a licensed master social worker or a licensed clinical social worker under the provisions of article one hundred fifty-four of the education law shall not be required to disclose a communication made by a client, or his or her advice given thereon, in the course of his or her professional employment, nor shall any clerk, stenographer or other person working for the same employer as such social worker or for such social worker be allowed to disclose any such communication or advice given thereon; except 1. that such social worker may disclose such information as the client may authorize; 2. that such social worker shall not be required to treat as confidential a communication by a client which reveals the contemplation of a crime or harmful act; 3. where the client is a child under the age of sixteen and the information acquired by such social worker indicates that the client has been the victim or subject of a crime, the social worker may be required to testify fully in relation thereto upon any examination, trial or other proceeding in which the commission of such crime is a subject of inquiry; 4. where the client waives the privilege by bringing charges against such social worker and such charges involve confidential communications between the client and the social worker.
§ 4508.Social worker
Article 45. Evidence · Last amended 2004 · Last verified July 21, 2026
In one sentenceCPLR 4508 protects communications between a licensed master or clinical social worker and a client from disclosure, with exceptions for client-authorized disclosure, plans to commit a crime, crimes against child clients, and waiver through the client's own complaint against the social worker.
Full Text of CPLR 4508
(b) Limitations on waiver. A client who, for the purpose of obtaining insurance benefits, authorizes the disclosure of any such privileged communication to any person shall not be deemed to have waived the privilege created by this section. For purposes of this subdivision: 1. “person” shall mean any individual, insurer or agent thereof, peer review committee, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, co-partnership, association, firm, trust, estate or any other legal entity whatsoever; and 2. “insurance benefits” shall include payments under a self-insured plan.
Plain-English Summary
CPLR 4508(a) keeps a licensed master or clinical social worker from disclosing a client's communications, or advice given in response, made during professional treatment, and it extends that same bar to any clerk, stenographer, or other staff member working alongside the social worker. Four exceptions cut through the privilege: the client can authorize disclosure, the social worker need not keep quiet about a client's stated plan to commit a crime or harmful act, a social worker may be required to testify about a client under sixteen who was the victim or subject of a crime, and the client waives the privilege by bringing charges against the social worker over the same communications.
Subdivision (b) repeats the insurance carve-out found throughout this article: authorizing disclosure of a privileged communication solely to obtain insurance benefits, including payments under a self-insured plan, does not count as a waiver for any other purpose.
Frequently Asked Questions
Is there a social worker privilege in New York?
Yes. CPLR 4508(a) bars a licensed master or clinical social worker from disclosing a client's communications made during professional treatment.
Does the social worker privilege cover threats to commit a crime?
No. CPLR 4508(a)(2) provides that a social worker is not required to treat as confidential a client's communication that reveals plans to commit a crime or a harmful act.
Can a social worker be forced to testify about a child client who was a crime victim?
Yes, if the client is under sixteen and the social worker's information indicates the client was the victim or subject of a crime.
Does filing a complaint against my social worker waive the privilege?
Yes, as to the communications involved. CPLR 4508(a)(4) treats bringing charges against the social worker over those communications as a waiver.
Does authorizing my insurer to see social worker records waive the privilege?
No. CPLR 4508(b) provides that authorizing disclosure to obtain insurance benefits is not a waiver of the privilege for any other purpose.
Amendment History
Add, L 1968, ch 274, § 2, eff May 14, 1968; amd, L 1985, ch 96, § 1, eff July 20, 1985; L 2004, ch 230, § 1, eff July 27, 2004.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: social worker client privilege New Yorklicensed clinical social worker confidentialityNew York social worker testify