65-5810. 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.
History: L. 1987, ch. 315, § 10; L. 1996, ch. 153, § 10; L. 1999, ch. 117, § 9; July 1, 2000.
Law Review and Bar Journal References:
"A Quantitative and Descriptive Survey of Evidence Law in the Kansas Appellate Courts," Stanley D. Davis, 37 K.L.R. 715, 757 (1989).
Attorney General's Opinions:
Code for care of children; mandatory abuse reporting statute. 93-90.
Ability of Behavioral Sciences Regulatory Board to issue investigative subpoenas. 2001-36.
Application of HIPAA to testimony given at care and treatment proceedings. 2004-21.
CASE ANNOTATIONS
1. Counselor-patient privilege applies to licensed counselors and not to someone defendant reasonably believed was a licensed counselor. State v. Berberich, 267 Kan. 215, 219, 225, 978 P.2d 902 (1999).
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