Confidentiality and privileged communications

[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] No person licensed as a mental health counselor, nor any of the person's employees or associates, shall be required to disclose any information that the person may have acquired in rendering mental health counseling services, except in the following circumstances: (1) As required by law; (2) To prevent a clear and imminent danger to a person or persons; (3) In accordance with the terms of a previously written waiver of the privilege where the waiver is executed by the client or by the client's legally recognized representative; (4) Where more than one person jointly receives counseling and each person who is legally competent executes a written waiver. In that instance, a mental health counselor may disclose information from any person in accordance with that person's waiver; or (5) In the course of a disciplinary action or pursuant to a duly authorized subpoena issued by the department. [L 2004, c 209, pt of §2; am L 2008, c 206, §1] §453D-13 Confidentiality and privileged communications. [Section effective July 1, 2026. For section effective until June 30, 2026, see above.] No person licensed as a mental health counselor or an associate mental health counselor, nor any of the person's employees or associates, shall be required to disclose any information that the person may have acquired in rendering mental health counseling services, except in the following circumstances: (1) As required by law; (2) To prevent a clear and imminent danger to a person or persons; (3) In accordance with the terms of a previously written waiver of the privilege where the waiver is executed by the client or by the client's legally recognized representative; (4) Where more than one person jointly receives counseling and each person who is legally competent executes a written waiver. In that instance, information may be disclosed from any person in accordance with that person's waiver; or (5) In the course of a disciplinary action or pursuant to a duly authorized subpoena issued by the department.