§ 33-27-123 — Privileged communication

Wyoming § 33-27-123

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 27: PSYCHOLOGY AND BEHAVIOR ANALYSTS
• Art. 1: GENERAL PROVISIONS

Text

(a) In judicial proceedings, whether civil, criminal, or
juvenile, in legislative and administrative proceedings, in
proceedings related to the Psychology Interjurisdictional
Compact, W.S. 33-27-202, and in proceedings preliminary and
ancillary thereto, a patient or client, or his guardian or
personal representative, may refuse to disclose or prevent the
disclosure of confidential information, including information
contained in administrative records, communicated to a person
licensed or otherwise authorized to practice under this act, the
Psychology Interjurisdictional Compact, W.S. 33-27-202 or to
persons reasonably believed by the patient or client to be so
licensed, and their agents, for the purpose of diagnosis,
evaluation or treatment of any mental or emotional condition or
disorder. The psychologist, behavior analyst or assistant
behavior analyst shall not disclose any information communicated
as described above in the absence of an express waiver of the
privilege except in the following circumstances:
(i) Where abuse or harmful neglect of children, the
elderly or disabled or incompetent individuals is known or
reasonably suspected;
(ii) Where the validity of a will of a former patient
or client is contested;
(iii) Where such information is necessary for the
psychologist, behavior analyst or assistant behavior analyst to
defend against a malpractice action brought by the patient or
client;
(iv) Where an immediate threat of physical violence
against a readily identifiable victim is disclosed to the
psychologist, behavior analyst or assistant behavior analyst;
(v) In the context of civil commitment proceedings,
where an immediate threat of self-inflicted damage is disclosed
to the psychologist, behavior analyst or assistant behavior
analyst;
(vi) Where the patient or client, by alleging mental
or emotional damages in litigation, puts his mental state in
issue and production of those materials by the patient or client
is required by law;
(vii) Where the patient or client is examined
pursuant to court order; or
(viii) In the context of investigations and hearings
brought by the patient or client and conducted by the board
where violations of this act or the Psychology
Interjurisdictional Compact, W.S. 33-27-202 are at issue.
Information that is deemed to be of sensitive nature shall be
inspected by the board in camera and the board shall determine
whether or not the information shall become a part of the record
and subject to public disclosure.