KANSAS OFFICE of
  REVISOR of STATUTES

  

Home >> Statutes >> Back


Click to open printable format in new window.Printable Format
 | Next

74-5323. Privileged communications; exceptions. (a) The confidential relations and communications between a licensed psychologist and the psychologist's client are placed on the same basis as provided by law for those between an attorney and the attorney's client. Except as provided in subsection (b), nothing in this act shall be construed to require such privileged communications to be disclosed.

(b) Nothing in this section or in this act shall be construed to prohibit any licensed psychologist 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 a client. There is no privilege under this section for information which is required to be reported to a public official.

History: L. 1967, ch. 432, § 23; L. 1986, ch. 299, § 25; L. 1999, ch. 117, § 28; July 1, 2000.

Cross References to Related Sections:

Privilege of patient of treatment facility to prevent disclosure of treatment and of confidential communications, see 65-5601 et seq.

Law Review and Bar Journal References:

"The Psychotherapists' Privilege," Craig Kennedy, 12 W.L.J. 297, 306, 309 (1973).

"Evidence: Justification for Extension of the Psychotherapist Privilege," Ronald P. Wood, 17 W.L.J. 672 (1978).

"Disclosure of Psychiatric Records," Philip Elwood and Gerald L. Goodell, 49 J.B.A.K. 301, 308 (1980).

"In the Best Interests of the Divided Family: An Analysis of the 1982 Amendments to the Kansas Divorce Code," Nancy G. Maxwell, 22 W.L.J. 177, 206 (1983).

"Evidence: The Psychotherapist-Patient Privilege Under Federal Rule of Evidence 501," Lauren Messersmith, 23 W.L.J. 706, 709 (1984).

"The Psychologist-Patient Privilege: Time for a Change in Kansas, or is it all in our Heads?" Boyd Isherwood, 37 W.L.J. 659 (1998).

"How to get what you want and need: Requesting health information in the year 2001 and beyond," Martha Fisher Linenberger, 70 J.K.B.A. No. 6, 52 (2001).

"Ethics in Handling Medical Records Pre-Suit and in Civil Discovery," James R. Howell, 32 J.K.A.J., No. 4, 6 (2009).

Attorney General's Opinions:

Confidentiality of identity of community mental health center governing board members. 94-38.

Ability of Behavioral Sciences Regulatory Board to issue investigative subpoenas. 2001-36.

CASE ANNOTATIONS

1. In deprived child-parental severance proceeding, since mental and physical condition of parent and child are in issue, physician-patient, psychologist-client privilege waived. In re Zappa, 6 Kan. App. 2d 633, 638, 631 P.2d 1245 (1981).

2. Cited; existence of confidential relationships pursuant to K.S.A. 38-1514 examined. State v. Munyon, 240 Kan. 53, 57, 726 P.2d 1333 (1986).

3. In a child in need of care proceeding, K.S.A. 38-1514(c)(1) creates exception to psychologist-client confidential relationship. In re K.G.O. 12 Kan. App. 2d 7, 9, 10, 11, 738 P.2d 98 (1987).

4. Confidential communications outweighed by children's best interests in visitation proceeding (K.S.A. 60-1616(C)). In re Marriage of Kiister, 245 Kan. 199, 203, 777 P.2d 272 (1989).


 | Next

LEGISLATIVE COORDINATING COUNCIL
  12/18/2023 Meeting Notice Agenda
  LCC Policies

REVISOR OF STATUTES
  2023 New, Amended and Repealed by KSA
  2023 New, Amended and Repealed by Bill
  2024 Valid Section Numbers
  Chapter 72 Statute Transfer List
  Kansas School Equity & Enhancement Act
  Gannon v. State
  Information for Special Session 2021
  General Info., Legal Analysis & Research
  2022 Amended & Repealed Statutes
  2021 Amended & Repealed Statutes
  2020 Amended & repealed Statutes
  2019 Amended & Repealed Statutes

USEFUL LINKS
Session Laws

OTHER LEGISLATIVE SITES
Kansas Legislature
Administrative Services
Division of Post Audit
Research Department