Montana § 37-39-301 - Privileged Communications -- Exceptions

§ 37-39-301. Privileged Communications -- Exceptions

Privileged communications -- exceptions. A licensee may not disclose any information the licensee acquires from clients consulting the licensee in a professional capacity except: (1) with the written consent of the client or, in the case of the client's death or mental incapacity, with the written consent of the client's personal representative or guardian; (2) when a communication that otherwise would be confidential reveals that the client or another person is contemplating the commission of a crime or the licensee's professional opinion reveals a threat of imminent harm to the client or others; (3) when the client is a minor and information acquired by the licensee indicates that the client was the victim of a crime, the licensee may be required to testify fully in relation to the information in any investigation, trial, or other legal proceeding in which the commission of that crime is the subject of inquiry; (4) when the client or the client's personal representative or guardian brings an action against a licensee for a claim arising out of the licensee-client relationship, the client is considered to have waived any privilege; (5) when the client otherwise waives the licensee-client privilege; and (6) as may otherwise be required by law.