A. The confidential relationship between a client and a licensee, including a temporary
licensee, is the same as between an attorney and a client. Unless a client waives this privilege in writing or in court testimony, a licensee
shall not voluntarily or involuntarily divulge information that is received by reason
of the confidential nature of the behavioral health professional-client relationship.
B. A licensee shall divulge to the board information the board requires in connection
with any investigation, public hearing or other proceeding.
C. The behavioral health professional-client privilege does not extend to cases in which
the behavioral health professional has a duty to:
1. Inform victims and appropriate authorities that a client's condition indicates
a clear and imminent danger to the client or others pursuant to this chapter.
2. Report information as required by law.
D. A client's legal guardian may make treatment decisions on behalf of the client, except
that the client receiving services is the decision maker for issues:
1. That directly affect the client's physical or emotional safety, such as sexual
or other exploitative relationships.
2. That the guardian agrees to specifically reserve to the client.
3. Where the right to seek behavioral health services without parental or guardian
consent is established by state or federal law.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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