4075190. (A) No person licensed under this chapter, “Section and or associates, shall disclose any no person’s employees information which he or she may have acquired during the course of treatment, except in these instances: (1) as mandated by Section 637310, requiring certain professionals to report suspected child abuse and neglect and Section 433585, requiring certain professionals to report suspected abuse, neglect, or exploitation of a vulnerable adult; (2) to prevent a clear and immediate danger to a person or persons; (3) if the licensee is a defendant in a civil, criminal, or disciplinary action arising from the course of treatment, in which case confidences may be disclosed only in the course of that action; (4) if the client is a party in a criminal or civil proceeding, including a commitment proceeding; (5) if a client introduces his mental condition as an element of a claim or defense; (6) if there is a waiver of confidentiality previously obtained in writing, this information may be revealed only in accordance with the terms of the waiver. In circumstances where more than one person in a family receives treatment conjointly, each family member who is legally competent to execute a waiver must agree to the waiver referred to in this item. Without a waiver from each family member legally competent to execute a waiver, no confidences may be disclosed as required or permitted by applicable state law, federal law, or both, including, but not limited to, compliance with Sections 191195, 433525, 442970, and 637310. (B) All communications between clients and their licensed professional counselor or, marriage and family therapist, or addiction counselor are considered privileged as provided in Section 191195, protecting confidences between patients of mental illness or emotional condition and licensees under this chapter, and as provided in Section 1911100, providing limited protection for persons engaged in the gathering of information for journalistic or literary purposes. Additionally, a licensed professional counselor or, a licensed marital and family therapist, or addiction counselor must maintain privileged communications and patient confidentiality as required of psychotherapists. All records of treatments maintained by a licensed professional counselor or, marriage and family therapist, or an addiction counselor are confidential and must not be disclosed except under the circumstances provided for in this subsection.
“Section 4075190. (A) No person licensed under this chapter, and no person’s employees or associates, shall disclose any information which he or she may have acquired during the course of treatment, except in these instances: (1) as mandated by Section 637310, requiring certain professionals to report suspected child abuse and neglect and Section 433585, requiring certain professionals to report suspected abuse, neglect, or exploitation of a vulnerable adult; (2) to prevent a clear and immediate danger to a person or persons; (3) if the licensee is a defendant in a civil, criminal, or disciplinary action arising from the course of treatment, in which case confidences may be disclosed only in the course of that action; (4) if the client is a party in a criminal or civil proceeding, including a commitment proceeding; (5) if a client introduces his mental condition as an element of a claim or defense; (6) if there is a waiver of confidentiality previously obtained in writing, this information may be revealed only in accordance with the terms of the waiver. In circumstances where more than one person in a family receives treatment conjointly, each family member who is legally competent to execute a waiver must agree to the waiver referred to in this item. Without a waiver from each family member legally competent to execute a waiver, no confidences may be disclosed as required or permitted by applicable state law, federal law, or both, including, but not limited to, compliance with Sections 191195, 433525, 442970, and 637310. (B) All communications between clients and their licensed professional counselor or, marriage and family therapist, or addiction counselor are considered privileged as provided in Section 191195, protecting confidences between patients of mental illness or emotional condition and licensees under this chapter, and as provided in Section 1911100, providing limited protection for persons engaged in the gathering of information for journalistic or literary purposes. Additionally, a licensed professional counselor or, a licensed marital and family therapist, or addiction counselor must maintain privileged communications and patient confidentiality as required of psychotherapists. All records of treatments maintained by a licensed professional counselor or, marriage and family therapist, or an addiction counselor are confidential and must not be disclosed except under the circumstances provided for in this subsection.