74-5323.
Privileged communications; exceptions.
(a) The confidential relations and communications between a licensed psychologist and the psychologist's client are placed on the same basis as provided by law for those between an attorney and the attorney's client. Except as provided in subsection (b), nothing in this act shall be construed to require such privileged communications to be disclosed.
(b) Nothing in this section or in this act shall be construed to prohibit any licensed psychologist from testifying in court hearings concerning matters of adult abuse, adoption, child abuse, child neglect, or other matters pertaining to the welfare of children or from seeking collaboration or consultation with professional colleagues or administrative superiors, or both, on behalf of a client. There is no privilege under this section for information which is required to be reported to a public official.
History:
L. 1967, ch. 432, § 23; L. 1986, ch. 299, § 25; L. 1999, ch. 117, § 28; July 1, 2000.
Notes of Decisions
Cited in
8
cases, 1981–2020 · leading case:
State v. Gibson, 466 P.3d 919 (Kan. 2020).
State v. Gibson, 466 P.3d 919 (Kan. 2020).
· cites it 7× “65-5810; K.S.A. 74-5323. But the statute Gibson looks to applies to communications with "licensed professional counselor[s]" and [licensed clinical professional counselor[s]," By contrast, K.”
Jaffee v. Redmond, 518 U.S. 1 (1996).
· cites it 2× “10 (1987); Kan. Stat. Ann. § 74-5323 (1985); Ky. Rule Evid.”
State v. Berberich, 978 P.2d 902 (Kan. 1999).
· cites it 11× “Don Strong, a counselor, were privileged pursuant to K.S.A. 74-5323. The issue is simple. The answer is complex.”
State v. Munyon, 726 P.2d 1333 (Kan. 1986).
· cites it 2× “K.S.A. 74-5323 made communications between a psychologist and his client a privileged communication.”
Weisbeck v. Hess, 524 N.W.2d 363 (S.D. 1994).
“Code Ann § 43-39-16 (1990); Idaho Code § 54-2314 (1988); KanStat.Ann § 74-5323 (1992); Mont.Code Ann.”
In Re the Marriage of Kiister, 777 P.2d 272 (Kan. 1989).
“60-427 and K.S.A. 1988 Supp. 74-5323, a patient may refuse to disclose confidential communications between himself and a doctor or psychologist, subject to exceptions not immediately relevant.”
In the Interest of Zappa, 631 P.2d 1245 (Kan. Ct. App. 1981).
“60-427, and the psychologist-client, K.S.A. 74-5323, privilege. The court overruled each objection stating it was in the “best interests of the child.”
In the Interest of K.G.O., 738 P.2d 98 (Kan. Ct. App. 1987).
· cites it 4× “K.S.A. 1986 Supp. 74-5323 provides in part: “The confidential relations and communications between a licensed psychologist and the psychologist’s client are placed on the same basis as provided by law for those between an attorney and the attorney’s client.”
— K.S.A. § 74-5323(a) — 1 case
State v. Gibson, 466 P.3d 919 (Kan. 2020).
“65-5810; K.S.A. 74-5323. But the statute Gibson looks to applies to communications with "licensed professional counselor[s]" and [licensed clinical professional counselor[s]," By contrast, K.”
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