65-6410. Confidential information and communications; exceptions. - Kansas Statutes

65-6410

Chapter 65.--PUBLIC HEALTH Article 64.--MARRIAGE AND FAMILY THERAPISTS

      65-6410.   Confidential information andcommunications; exceptions.(a) A person licensed under the marriage and familytherapists licensure act and employees and professionalassociates ofthe person shall not be required to disclose any information that theperson, employee or associate may have acquired in rendering marriage andfamily therapy services, unless:

      (1)   Disclosure is required by other state laws;

      (2)   failure to disclose the information presents a clearandpresentdanger to the health or safety of an individual;

      (3)   the person, employee or associate is a party defendantto a civil,criminal or disciplinary action arising from the therapy, in which case awaiver of the privilege accorded by this section is limited to that action;

      (4)   the client is a defendant in acriminal proceeding andthe use ofthe privilege would violate the defendant's right to a compulsory processor the right to present testimony and witnesses in that person's behalf;or

      (5)   a client agrees to a waiver ofthe privilege accordedby thissection, and in circumstances where more than one person in a family isreceiving therapy, each such family member agrees to the waiver. Absent awaiver from each family member, a marriage and family therapist shall notdisclose information received from a family member.

      (b)   Nothing in this section or in this act shall be construed to prohibitanyperson licensed under the marriage and family therapist licensure act fromtestifying in court hearings concerning matters of adult abuse, adoption, childabuse, child neglect, or other matters pertaining to the welfare of children orfrom seeking collaboration or consultation with professional colleagues oradministrative superiors, or both, on behalf of a client.There is no privilege under this section for information which is required tobe reported to a public official.

      History:   L. 1991, ch. 114, § 10;L. 1996, ch. 153, § 25;L. 1999, ch. 117, § 23; July 1, 2000.