37-39-301. Privileged communications — exceptions. A licensee may not disclose any information the licensee acquires from clients consulting the licensee in a professional capacity except:

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Montana Code 37-39-301

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Licensee: means an individual licensed under this chapter to practice social work, clinical professional counseling, addiction counseling, or marriage and family therapy or certified to provide behavioral health peer support. See Montana Code 37-39-102
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(1)with the written consent of the client or, in the case of the client’s death or mental incapacity, with the written consent of the client’s personal representative or guardian;

(2)when a communication that otherwise would be confidential reveals that the client or another person is contemplating the commission of a crime or the licensee’s professional opinion reveals a threat of imminent harm to the client or others;

(3)when the client is a minor and information acquired by the licensee indicates that the client was the victim of a crime, the licensee may be required to testify fully in relation to the information in any investigation, trial, or other legal proceeding in which the commission of that crime is the subject of inquiry;

(4)when the client or the client’s personal representative or guardian brings an action against a licensee for a claim arising out of the licensee-client relationship, the client is considered to have waived any privilege;

(5)when the client otherwise waives the licensee-client privilege; and

(6)as may otherwise be required by law.