A victim advocate may not waive the protections afforded to a victim under this chapter. However, if:

1. (1) a victim brings suit against a victim advocate or victim service provider in which the victim advocate was employed or served as a volunteer at the time of the counseling relationship; and

2. (2) the suit alleges malpractice during the relationship;

   the victim advocate may testify or produce records regarding confidential communications with the victim and is not liable for doing so.

As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008, SEC.15.