Sec. 537. Modification of Rule 513 of the Military Rules of Evidence, relating to the privilege against disclosure of communications between psychotherapists and patients
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Not later than 180 days after the date of the enactment of this Act, Rule 513 of the Military Rules of Evidence shall be modified as follows: To include communications with other licensed mental health professionals within the communications covered by the privilege. To strike the current exception to the privilege contained in subparagraph (d)(8) of Rule 513. To require a party seeking production or admission of records or communications protected by the privilege— to show a specific factual basis demonstrating a reasonable likelihood that the records or communications would yield evidence admissible under an exception to the privilege; to demonstrate by a preponderance of the evidence that the requested information meets one of the enumerated exceptions to the privilege; to show that the information sought is not merely cumulative of other information available; and to show that the party made reasonable efforts to obtain the same or substantially similar information through non-privileged sources.
To authorize the military judge to conduct a review in camera of records or communications only when— the moving party has met its burden as established pursuant to paragraph (3); and an examination of the information is necessary to rule on the production or admissibility of protected records or communications. To require that any production or disclosure permitted by the military judge be narrowly tailored to only the specific records or communications, or portions of such records or communications, that meet the requirements for one of the enumerated exceptions to the privilege and are included in the stated purpose for which the such records or communications are sought.