[§451J-12] Confidentiality and privileged communications.
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[§451J-12] Confidentiality and privileged communications. [Section effective until June 30, 2026. For section effective July 1, 2026, see below.] No person licensed as a marriage and family therapist, nor any of the person's employees or associates, shall be required to disclose any information that the person may have acquired in rendering marriage and family therapy services except in the following circumstances:
(1)As required by law;
(2)To prevent a clear and immediate danger to a person or persons;
(3)In the course of a civil, criminal, or disciplinary action arising from the therapy where the therapist is a defendant;
(4)In a criminal proceeding where the client is a defendant and the use of the privilege would violate the defendant's right to a compulsory process of the right to present testimony and witnesses in the defendant's own behalf;
(5)In accordance with the terms of a client's previously written waiver of the privilege; or
(6)Where more than one person in a family jointly receives therapy and each family member who is legally competent executes a written waiver; in that instance, a therapist may disclose information received from any family member in accordance with the terms of the person's waiver. [L 1998, c 159, pt of §2]
§451J-12 Confidentiality and privileged communications. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] No person licensed as a marriage and family therapist or an associate marriage and family therapist, nor any of the person's employees or associates, shall be required to disclose any information that the person may have acquired in rendering marriage and family therapy services except in the following circumstances:
(1)As required by law;
(2)To prevent a clear and immediate danger to a person or persons;
(3)In the course of a civil, criminal, or disciplinary action arising from the therapy where the therapist is a defendant;
(4)In a criminal proceeding where the client is a defendant and the use of the privilege would violate the defendant's right to a compulsory process of the right to present testimony and witnesses in the defendant's own behalf;
(5)In accordance with the terms of a client's previously written waiver of the privilege; or
(6)Where more than one person in a family jointly receives therapy and each family member who is legally competent executes a written waiver; in that instance, a marriage and family therapist or an associate marriage and family therapist may disclose information received from any family member in accordance with the terms of the person's waiver. [L 1998, c 159, pt of §2; am L 2024, c 93, §9]
Case Notes
Where none of the exceptions under this section applied to the case, family court was not authorized to order therapist to disclose the information therapist acquired in rendering marriage and family therapy services. 112 H. 437 (App.), 146 P.3d 597 (2006).