H585: Fail to Report Crime/Privilege Exemption. Latest Version



AN ACT to provide that licensed marriage and family therapists and psychiatrists are not required to report certain crimes against juveniles if a privilege against disclosure under state law would prevent them from doing so.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑318.6(h) reads as rewritten:

(h)      Nothing in this section shall be construed as to require a person with (i) a privilege under G.S. 8‑53.3, 8‑53.7, 8‑53.8, or 8‑53.12 or with 8‑53.12, (ii) attorney‑client privilege privilege, or (iii) psychiatrist‑client or patient privilege to report pursuant to this section if that privilege would prevent them from doing so. Nothing in this section shall be construed as requiring a licensed marriage and family therapist with a privilege under G.S. 8‑53.5 to report pursuant to this section if that privilege would prevent that person from doing so, but the privilege only applies to the primary client and not to any other family members. For purposes of this subsection, the term primary client means a person who consults or is interviewed by a licensed marriage and family therapist for the purpose of diagnosis or treatment.

SECTION 2.  This act is effective when it becomes law.