Oklahoma § 59-1925.11 - Confidentiality - Exceptions - Professional privilege

§ 59-1925.11. Confidentiality - Exceptions - Professional privilege

- Court testimony.

A. No person licensed pursuant to the provisions of the Marital

and Family Therapist Licensure Act as a marital and family

therapist, nor any of his employees or associates, shall be required

to disclose any information which he may have acquired in rendering

marital and family therapy services, except when:

1. Authorized by other state laws;

2. Failure to disclose such information presents a clear and

present danger to the health or safety of any person;

3. The marital 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

shall be limited to that action;

4. The patient is a defendant in a criminal proceeding and the

use of the privilege would violate the defendant's right to a

compulsory process and/or right to present testimony and witnesses

in his own behalf; or

5. A patient agrees to waiver of the privilege accorded by this

section, in the case of death or disability of the patient, 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. In circumstances where more than one person

in a family is receiving therapy, each such family member must agree

Oklahoma Statutes - Title 59. Professions and Occupations

to the waiver. Absent such a waiver from each family member, a

marital and family therapist shall not disclose information received

from any family member.

B. No information shall be treated as privileged and there

shall be no privileges created by the Marital and Family Therapist

Licensure Act as to any information acquired by the person licensed

pursuant to the Marital and Family Therapist Licensure Act when such

information pertains to criminal acts or violation of any law.

C. The Marital and Family Therapist Licensure Act shall not be

construed to prohibit any licensed person from testifying in court

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

battery or matters pertaining to the welfare of children or from

seeking collaboration or consultation with professional colleagues

or administrative superiors on behalf of his client.

Added by Laws 1990, c. 166, § 11, eff. Jan. 1, 1991.