Rape Crisis/ Sexual Assault Counselor

Kan. Stat. Ann. § 65-5810 (West 2012): Confidential communications; exceptions

(a) The confidential relations and communications between a licensed professional counselor and such counselor's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.

(b) The confidential relations and communications between a licensed clinical professional counselor and such counselor's client are placed on the same basis as provided by law for those between an attorney and an attorney's client.

(c) Nothing in this section or in this act shall be construed to prohibit any licensed professional counselor or licensed clinical professional counselor from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of the client. There is no privilege under this section for information which is required to be reported to a public official.

Credits

Laws 1987, ch. 315, § 10; Laws 1996, ch. 153, § 10; Laws 1999, ch. 117, § 9.
Updated 02/2018

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Mental Health Professional 

Ark. Admin. Code 122.00.1-11.1

Alternatively cited as AR ADC 122 00 001

122.00.1-11.1. Counselor-Client Communications.

The client of persons licensed by this Board has a privilege to refuse to disclose and to prevent any other person from disclosing his medical records or confidential communications made for the purpose of diagnosis or treatment of his physical, mental or emotional condition, including alcohol or drug addiction, among himself, the licensee, and persons who are participating in the diagnosis or treatment under the direction of the licensee, including members of the client's family. See Rules 501, 502 and 503, Arkansas Rules of Evidence. 

The licensee is presumed to have authority to claim the privilege on behalf of the patient. The privilege is subject to the exceptions listed in Rule 503(d). The following communications are not protected by the privilege:

a. Communications relevant to an issue in proceedings to hospitalize the client are not privileged.

b. Communications made in the course of a court ordered examination of the client are not privileged unless the court orders otherwise.

c. Medical records or communications relevant to an issue of the physical, mental, or emotional condition of the patient in any proceeding in which he or she relies upon the condition as an element of his or her claim or defense, or, after the patient's death, in any proceeding in which any party relies upon the condition as an element of his or her claim or defense.

d. The licensee may be required to furnish medical records, and communications in the context of formal discovery procedures.