H234: Conform Privilege Exemptions. Latest Version

Session: 2023 - 2024

House
Passed 1st Reading
Committee
Rules


AN ACT to PROVIDE THAT PSYCHIATRISTS AND LICENSED MARRIAGE AND FAMILY THERAPISTS ARE EXEMPT IN THE SAME MANNER AS CURRENT EXEMPTIONS FOR SOCIAL WORKERS, CLINICAL MENTAL HEALTH COUNSELORS, AND PSYCHOLOGISTS.



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 contracts with a licensed marriage and family therapist for professional services for the purpose of diagnosis or treatment.



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