Idaho Code
Idaho Code

Idaho Code § 54-3213 (2026)

Privileged communications. 

✓ current as of May 2026
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Privileged communications. 

No person licensed under the provisions of this chapter shall disclose any information he may have acquired from persons consulting him in his professional capacity that was necessary to enable him to render services in his professional capacity to those persons, except:

(1)  With the written consent of that person or, in the case of death or disability, of his own personal representative, other person authorized to sue, or the beneficiary of an insurance policy on his life, health or physical condition;
(2)  That a person licensed under the provisions of this chapter shall not be required to treat as confidential communication that reveals the contemplation or execution of a crime or harmful act;
(3)  When the person is a minor under the laws of this state, and the information acquired by the licensee indicates that the minor was the victim or subject of a crime, the licensee may testify fully in relation thereto upon any examination, trial, or other proceeding in which the commission of such a crime is the subject of the inquiry;
(4)  When the person waives the privilege by bringing charges against the licensee;
(5)  Communications between any member of an evaluation committee and a respondent as prescribed by section 66-406(9), Idaho Code.
Notes of Decisions
Cited in 6 cases, 1982–2012 · leading case: Jaffee v. Redmond, 518 U.S. 1 (1996).
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Jaffee v. Redmond, 518 U.S. 1 (1996). · cites it 10× “24, § 3913(2) (1987); Idaho Code § 54-3213 (2) (1994). Even where it is certain that absence of the psychotherapist privilege will inhibit disclosure of the information, it is not clear to me that that is an unacceptable state of affairs.”
State v. Brown, 825 P.2d 482 (Idaho 1992). · cites it 8× “I.C. § 54-3213, which is part of the Social Work Licensing Act, provides: 54-3213.”
Matter of Contempt of Wright, 700 P.2d 40 (Idaho 1985). · cites it 4× “§ 54-3410 (1982) (disclosures between professional counselor and client); I.C. § 54-3213 (consultations with social workers); I.”
Commonwealth v. Collett, 439 N.E.2d 1223 (Mass. 1982). “1980); Idaho Code Ann. § 54-3213 (3) (1979); La.”
Jane Student 1 v. Williams, 206 F.R.D. 306 (S.D. Ala. 2002). “32, § 7005; Md.Code Ann., Courts and Judicial Proceedings § 9-121; Mass.”
Alisha Ann Murphy v. State (Idaho Ct. App. 2012). · cites it 2× “518(d)(1) exception is consistent with a corresponding Idaho statutory exception to privilege under the Social Work Licensing Act, I.C. § 54-3213(2), which states: No person licensed under the provisions of this chapter shall disclose any information he may have acquired from…”
— Idaho Code § 54-3213(2) — 1 case
Alisha Ann Murphy v. State (Idaho Ct. App. 2012). “518(d)(1) exception is consistent with a corresponding Idaho statutory exception to privilege under the Social Work Licensing Act, I.C. § 54-3213(2), which states: No person licensed under the provisions of this chapter shall disclose any information he may have acquired from…”
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