§ 34-17A-21 — Therapists - Privileged Communications; Exceptions

For the purpose of this chapter, the confidential relations and communications between licensed marriage and family therapists and clients are placed upon the same basis as those provided by law between attorney and client, and nothing in this chapter shall be construed to require any such privileged communication to be disclosed, except in the following circumstances:
(1) As mandated by law.
(2) To prevent a clear and immediate danger to a person or persons.
(3) Where the therapist is a defendant in a civil, criminal, or disciplinary action arising from the therapy, in which case client confidences may be disclosed only in the course of that action.
(4) Where the client 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 his or her own behalf, or both.
(5) If there is a waiver previously obtained in writing, the information may be revealed only in accordance with the terms of the waiver. In circumstances where more than one person in a family receives therapy conjointly, each family member who is legally competent to execute a waiver shall agree to the waiver referred to in this subdivision. Without a waiver from each family member legally competent to execute a waiver, a therapist may not disclose information received from any family member.
(6) Where there is a duty to warn under the limited circumstances set forth in Section 34-17A-23.

Legislative History

(Acts 1997, No. 97-170, p. 247, §21.)