North Dakota § 43-53-11 Limitations of practice - Divorce proceedings

North Dakota Statutes

§ 43-53-11 — Limitations of practice - Divorce proceedings

North Dakota·Title 43 Occupations and Professions·Ch. 43-53 Marriage and Family Therapy Practice

1.If both parties to a marriage have obtained marriage and family therapy by a licensed marriage and family therapist, the therapist may not testify in a spousal support or divorce action concerning information acquired in the course of the therapeutic relationship. This subsection does not apply to custody actions.

2.There is no monetary liability on the part of and no cause of action may arise against any licensee in failing to warn of and protect from a patient's threatened violent behavior or failing to predict and warn of and protect from a patient's violent behavior except if the patient has communicated to the licensee a serious threat of physical violence against a reasonably identifiable victim or victims.

3.The duty to warn of or to take reasonable precautions to provide prote

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1. If both parties to a marriage have obtained marriage and family therapy by a licensed
marriage and family therapist, the therapist may not testify in a spousal support or
divorce action concerning information acquired in the course of the therapeutic
relationship. This subsection does not apply to custody actions.
2. There is no monetary liability on the part of and no cause of action may arise against
any licensee in failing to warn of and protect from a patient's threatened violent
behavior or failing to predict and warn of and protect from a patient's violent behavior
except if the patient has communicated to the licensee a serious threat of physical
violence against a reasonably identifiable victim or victims.
3. The duty to warn of or to take reasonable precautions to provide protection from
violent behavior arises only under the limited circumstances specified under
subsection 2. The duty is discharged by the licensee if reasonable efforts are made to
communicate the threat to the victim or victims and to a law enforcement agency.
4. No monetary liability and no cause of action may arise under this chapter against any
licensee for confidences disclosed to third parties in an effort to discharge a duty
arising under subsection 2 according to subsection 3.

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