Louisiana § RS 37:2363 - Privileged communications

§ RS 37:2363. Privileged communications

            A. In judicial proceedings, whether civil, criminal, or juvenile, legislative and administrative proceedings, and proceedings preliminary and ancillary thereto, a patient or client or his legal representative may refuse to disclose or prevent the disclosure of confidential information, including information contained in administrative records, communicated to a psychologist, a licensed psychological associate, or a licensed specialist in school psychology licensed in accordance with the provisions of this Chapter, or persons reasonably believed by the patient or client to be so licensed, or to their employees or other persons under their supervision, for the purpose of diagnosis, evaluation, or treatment of any mental or emotional condition or disorder.

            B. In the absence of evidence to the contrary, the psychologist, the licensed psychological associate, or the licensed specialist in school psychology is presumed to be authorized to claim the privilege on behalf of the patient or client.

            C. This privilege may not be claimed by or on behalf of the patient or client in the following circumstances:

            (1) Where child abuse, elder abuse, or the abuse of individuals with disabilities or incompetent individuals is known or reasonably suspected.

            (2) Where the validity of a will of a deceased former patient or client is contested or his mental or emotional condition is in issue otherwise in any judicial or administrative proceeding.

            (3) Where such information is necessary for the defense of the psychologist or licensed specialist in school psychology in a malpractice action brought by the patient or client.

            (4) Where an immediate threat of physical violence against a clearly identified victim or victims is disclosed to the psychologist or licensed specialist in school psychology.

            (5) In the context of civil commitment proceedings, where an immediate threat of self-inflicted damage is disclosed to the psychologist or licensed specialist in school psychology.

            (6) Where the patient or client puts his mental state in issue by alleging mental or emotional damages or condition in any judicial or administrative proceedings.

            (7) Where the patient or client is examined pursuant to court order.

            (8) Where the board is conducting an investigation or hearing based on a complaint made by the patient or client.

            D. Notwithstanding the provisions of this Section, testimonial privileges, exceptions, and waiver with respect to communications between a psychologist, a licensed psychological associate, or a licensed specialist in school psychology and patient are governed by the Louisiana Code of Evidence.

            Added by Acts 1964, No. 347, §13; Acts 1987, No. 915, §2, eff. Sept. 1, 1987; Acts 1992, No. 376, §2, eff. Jan. 1, 1993; Acts 2014, No. 136, §1; Acts 2014, No. 811, §19, eff. June 23, 2014; Acts 2022, No. 271, §2; Acts 2024, No. 286, §1.

{{NOTE: SEE ACTS 1987, NO. 915, §3.}}