[§451J-12]  Confidentiality and privileged
communications.  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]



 



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.