§ 33-38-113 — Privileged communication

Wyoming § 33-38-113

• Jurisdiction: Wyoming
• Title 33: Professions and Occupations
• Ch. 38: PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY
• Art. 1: GENERAL PROVISIONS

Text

(a) In judicial proceedings, whether civil, criminal, or
juvenile, in administrative proceedings, and in proceedings
preliminary and ancillary thereto, a patient or client, or his
guardian or personal representative, may refuse to disclose and
may 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 or in accordance with the Interstate
Compact for Licensed Professional Counselors under W.S. 33-38-
202, and their agents, for the purpose of diagnosis, evaluation
or treatment of any mental or emotional condition or disorder. A
person licensed or otherwise authorized to practice under this
act or in accordance with the Interstate Compact for Licensed
Professional Counselors under W.S. 33-38-202 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 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 person
licensed or otherwise authorized to practice under this act or
in accordance with the Interstate Compact for Licensed
Professional Counselors under W.S. 33-38-202;
(v) In the context of civil commitment proceedings,
where an immediate threat of self-inflicted damage is disclosed
to the person licensed or otherwise authorized to practice under
this act or in accordance with the Interstate Compact for
Licensed Professional Counselors under W.S. 33-38-202;
(vi) Where the patient or client alleges mental or
emotional damages in civil litigation or otherwise places his
mental or emotional state in issue in any judicial or
administrative proceeding concerning child custody or
visitation;
(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 Interstate Compact for
Licensed Professional Counselors under W.S. 33-38-202 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.