Section 36-33-29 - Confidentiality of information acquired in therapy. - South Dakota Statutes

36-33-29. Confidentiality of information acquired in therapy. No person licensed under this chapter as a marriage and family therapist, nor any employee or associate of a marriage and family therapist is required to disclose any information which was acquired in rendering marriage and family therapy services, except in the following circumstances:
(1) If mandated by any other state law;
(2) If failure to disclose such information presents a clear and present danger to the health or safety of any individual;
(3) If the marriage and family therapist is a party defendant to a civil, criminal, or disciplinary action arising from such therapy in which case any waiver of the privilege accorded by this section is limited to that action;
(4) If the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or right to present testimony and witnesses;
(5) If a client agrees to waiver of the privilege accorded by this section. If more than one person in a family is receiving therapy, each family member must agree to the waiver. Absent a waiver from each family member, a marriage and family therapist cannot disclose information received from any family member; and
(6) If there is a duty to warn under the limited circumstances set forth in § 36-33-31.

Source: SL 1995, ch 227, § 29.