2005 Minnesota Statutes - 148B.39 — Privileged communications; exceptions.

     148B.39 Privileged communications; exceptions. 


    A person licensed under sections 148B.29 to 148B.39 and 
 employees and professional associates of the person cannot be 
 required to disclose any information that the person, employee, 
 or associate may have acquired in rendering marriage and family 
 therapy services, unless:  


    (1) disclosure is required by other state laws; 


    (2) failure to disclose the information presents a clear 
 and present danger to the health or safety of an individual; 


    (3) the person, employee, or associate is a party defendant 
 to a civil, criminal, or disciplinary action arising from the 
 therapy, in which case a waiver of the privilege accorded by 
 this section is limited to that action; 


    (4) the patient is a defendant in a criminal proceeding and 
 the use of the privilege would violate the defendant's right to 
 a compulsory process or the right to present testimony and 
 witnesses in that person's behalf; and 


    (5) a patient agrees to a waiver of the privilege accorded 
 by this section, and in circumstances where more than one person 
 in a family is receiving therapy, each such family member agrees 
 to the waiver.  Absent a waiver from each family member, a 
 marital and family therapist cannot disclose information 
 received by a family member. 


    HIST: 1987 c 347 art 3 s 11