Oklahoma § 59-1910 - Information acquired in professional capacity -Disclosure

§ 59-1910. Information acquired in professional capacity -Disclosure

- Privileges and immunities - Court proceeding.

A. No person licensed pursuant to the provisions of the

Licensed Professional Counselors Act shall knowingly and willfully

disclose any information the licensee may have acquired from persons

consulting the licensee in his professional capacity as a

professional counselor or be compelled to disclose such information

except:

1. With the written consent of the client, or in the case of

death or disability of the client, the consent of his personal

representative or other person authorized to sue or the beneficiary

of any insurance policy on his life, health or physical condition;

2. If the person is a child under the age of eighteen (18)

years and the information acquired by the licensed person indicated

that the child was the victim or subject of a crime, the licensed

person may be required to testify fully in relation thereto upon an

examination, trial or other proceeding in which the commission of

such a crime is a subject of inquiry;

3. If the client waives the privilege by bringing charges

against the licensed person;

4. When failure to disclose such information presents a danger

to the health of any person; or

5. If the licensed professional counselor is a party to a

civil, criminal or disciplinary action arising from such therapy, in

which case any waiver of the privilege accorded by this section

shall be limited to that action.

B. No information shall be treated as privileged and there

shall be no privileges created by the Licensed Professional

Counselors Act as to any information acquired by the person licensed

pursuant to the Licensed Professional Counselors Act when such

information pertains to criminal acts or violation of any law.

C. The Licensed Professional Counselors Act shall not be

construed to prohibit any licensed person from testifying in court

hearings concerning matters of adoption, child abuse, child neglect,

Oklahoma Statutes - Title 59. Professions and Occupations

battery or matters pertaining to the welfare of children or from

seeking collaboration or consultation with professional colleagues

or administrative superiors on behalf of this client.

Added by Laws 1985, c. 145, § 10, eff. Sept. 1, 1985. Amended by

Laws 1998, c. 295, § 9, eff. Nov. 1, 1998; Laws 2002, c. 100, § 1,

emerg. eff. April 19, 2002.