Minnesota Statutes 148B.39 – Privileged Communications; Exceptions
A person licensed under sections 148B.29 to 148B.392 and employees and professional associates of the person cannot be required to disclose any information that the person, employee, or associate may have acquired in rendering marriage and family therapy services, unless:
Terms Used In Minnesota Statutes 148B.39
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Violate: includes failure to comply with. See Minnesota Statutes 645.44
(1) disclosure is required by other state laws;
(2) failure to disclose the information presents a clear and present danger to the health or safety of an individual;
(3) the person, employee, or associate is a party defendant to a civil, criminal, or disciplinary action arising from the therapy, in which case a waiver of the privilege accorded by this section is limited to that action;
(4) the patient is a defendant in a criminal proceeding and the use of the privilege would violate the defendant’s right to a compulsory process or the right to present testimony and witnesses in that person’s behalf; and
(5) a patient agrees to a waiver of the privilege accorded by this section, and in circumstances where more than one person in a family is receiving therapy, each such family member agrees to the waiver. Absent a waiver from each family member, a marital and family therapist cannot disclose information received by a family member.