Oklahoma § 59-1939 - Disclosure of information - Exceptions

§ 59-1939. Disclosure of information - Exceptions

A. No person licensed pursuant to the provisions of the

Licensed Behavioral Practitioner Act shall disclose any information

the licensee may have acquired from persons consulting the licensee

in the licensee’s professional capacity as a behavioral practitioner

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 the client’s

personal representative or other person authorized to sue or the

beneficiary of any insurance policy on the client’s life, health, or

physical condition;

2. If the client 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 the 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 behavioral practitioner 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 Behavioral

Practitioner Act as to any information acquired by the person

licensed pursuant to the Licensed Behavioral Practitioner Act when

such information pertains to criminal acts or violation of any law.

Oklahoma Statutes - Title 59. Professions and Occupations

C. The Licensed Behavioral Practitioner 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 this client.

Added by Laws 1999, c. 133, § 10, emerg. eff. April 28, 1999.