MENTAL HEALTH CODE
Act 258 of 1974
330.1750 Privileged communications.
Sec. 750.
(1) Privileged communications shall not be disclosed in civil, criminal, legislative, or administrative cases or proceedings, or in proceedings preliminary to such cases or proceedings, unless the patient has waived the privilege, except in the circumstances set forth in this section.
(2) Privileged communications shall be disclosed upon request under 1 or more of the following circumstances:
(a) If the privileged communication is relevant to a physical or mental condition of the patient that the patient has introduced as an element of the patient's claim or defense in a civil or administrative case or proceeding or that, after the death of the patient, has been introduced as an element of the patient's claim or defense by a party to a civil or administrative case or proceeding.
(b) If the privileged communication is relevant to a matter under consideration in a proceeding governed by this act, but only if the patient was informed that any communications could be used in the proceeding.
(c) If the privileged communication is relevant to a matter under consideration in a proceeding to determine the legal competence of the patient or the patient's need for a guardian but only if the patient was informed that any communications made could be used in such a proceeding.
(d) In a civil action by or on behalf of the patient or a criminal action arising from the treatment of the patient against the mental health professional for malpractice.
(e) If the privileged communication was made during an examination ordered by a court, prior to which the patient was informed that a communication made would not be privileged, but only with respect to the particular purpose for which the examination was ordered.
(f) If the privileged communication was made during treatment that the patient was ordered to undergo to render the patient competent to stand trial on a criminal charge, but only with respect to issues to be determined in proceedings concerned with the competence of the patient to stand trial.
(3) In a proceeding in which subsections (1) and (2) prohibit disclosure of a communication made to a psychiatrist or psychologist in connection with the examination, diagnosis, or treatment of a patient, the fact that the patient has been examined or treated or undergone a diagnosis also shall not be disclosed unless that fact is relevant to a determination by a health care insurer, health care corporation, nonprofit dental care corporation, or health maintenance organization of its rights and liabilities under a policy, contract, or certificate of insurance or health care benefits.
(4) Privileged communications may be disclosed under section 946 to comply with the duty set forth in that section.
History: 1974, Act 258, Eff. Aug. 6, 1975 ;-- Am. 1984, Act 362, Eff. Mar. 29, 1985 ;-- Am. 1989, Act 123, Eff. Sept. 1, 1989 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996
Notes of Decisions
People v. Stanaway (1994)
mich · cites it 14×
“To the extent the records are privileged under MCL 330.1750; MSA 14.800(750), MCL 600.2157a(2); MSA 27A.”
People v. Carrier (2015)
michctapp · cites it 12×
“” We initially note that the prosecution devotes considerable time arguing that a communication is privileged only when made to a “mental health professional,” as that term was defined in MCL 330.”
People v. Adamski (1993)
michctapp · cites it 5×
“[2] The prosecutor objected to defendant’s use of any statement the complainant had made in connection with counseling, arguing that such statements were absolutely privileged under Michigan’s statutory psychologist-patient privilege, MCL 330.”
People v. Toma (2000)
mich · cites it 2×
“[MCL 330.1750(2); MSA 14.800(750)(2).] [13] U.”
Dorris v. Detroit Osteopathic Hospital Corp. (1999)
mich · cites it 2×
“MCL 330.1750(1)(c); MSA 14.800(750)(1)(c) provided: "Privileged communication" means a communication made to a psychiatrist or psychologist in connection with the examination, diagnosis, or treatment of a patient, or to another person while the other person is participating in…”
Saur v. Probes (1991)
michctapp · cites it 3×
“Section 750 restricts the use of privileged communications made to a psychiatrist or psychologist, in civil, criminal, legislative, or administrative cases or proceedings, or in proceedings preliminary to such cases or proceedings, except when the patient has waived the…”
In Re Brock (1993)
mich
“2157 and MCL 330.1750; MSA 14.800(750). The privilege would generally protect information regarding her treatment for emotional difficulties.”
In the Matter of Atkins (1982)
michctapp · cites it 2×
“Thus, it was error to admit this testimony under MCL 330.1750(2); MSA 14.800(750)(2), which provides: "(2) Privileged communications shall not be disclosed in civil, criminal, legislative, or administrative cases or *543 proceedings, or in proceedings preliminary to such cases…”
— Mich. Comp. Laws § 330.1750(1) — 5 cases
People v. Carrier (2015)
michctapp
“” We initially note that the prosecution devotes considerable time arguing that a communication is privileged only when made to a “mental health professional,” as that term was defined in MCL 330.”
— Mich. Comp. Laws § 330.1750(1)(c) — 3 cases
Dorris v. Detroit Osteopathic Hospital Corp. (1999)
mich
“MCL 330.1750(1)(c); MSA 14.800(750)(1)(c) provided: "Privileged communication" means a communication made to a psychiatrist or psychologist in connection with the examination, diagnosis, or treatment of a patient, or to another person while the other person is participating in…”
— Mich. Comp. Laws § 330.1750(2) — 9 cases
People v. Stanaway (1994)
mich
“To the extent the records are privileged under MCL 330.1750; MSA 14.800(750), MCL 600.2157a(2); MSA 27A.”
People v. Toma (2000)
mich
“[MCL 330.1750(2); MSA 14.800(750)(2).] [13] U.”
People v. Adamski (1993)
michctapp
“[2] The prosecutor objected to defendant’s use of any statement the complainant had made in connection with counseling, arguing that such statements were absolutely privileged under Michigan’s statutory psychologist-patient privilege, MCL 330.”
People v. Carrier (2015)
michctapp
“” We initially note that the prosecution devotes considerable time arguing that a communication is privileged only when made to a “mental health professional,” as that term was defined in MCL 330.”
— Mich. Comp. Laws § 330.1750(2)(a) — 1 case
— Mich. Comp. Laws § 330.1750(2)(b) — 1 case
— Mich. Comp. Laws § 330.1750(2)(e) — 1 case
— Mich. Comp. Laws § 330.1750(3) — 2 cases
— Mich. Comp. Laws § 330.1750(3)(a) — 1 case
Saur v. Probes (1991)
michctapp
“Section 750 restricts the use of privileged communications made to a psychiatrist or psychologist, in civil, criminal, legislative, or administrative cases or proceedings, or in proceedings preliminary to such cases or proceedings, except when the patient has waived the…”
— Mich. Comp. Laws § 330.1750(3)(b) — 1 case
— Mich. Comp. Laws § 330.1750(3)(e) — 2 cases
In the Matter of Atkins (1982)
michctapp
“Thus, it was error to admit this testimony under MCL 330.1750(2); MSA 14.800(750)(2), which provides: "(2) Privileged communications shall not be disclosed in civil, criminal, legislative, or administrative cases or *543 proceedings, or in proceedings preliminary to such cases…”
— Mich. Comp. Laws § 330.1750(4) — 2 cases
People v. Carrier (2015)
michctapp
“” We initially note that the prosecution devotes considerable time arguing that a communication is privileged only when made to a “mental health professional,” as that term was defined in MCL 330.”
— Mich. Comp. Laws § 330.1750(l)(c) — 2 cases
Dorris v. Detroit Osteopathic Hospital Corp. (1999)
mich
“MCL 330.1750(1)(c); MSA 14.800(750)(1)(c) provided: "Privileged communication" means a communication made to a psychiatrist or psychologist in connection with the examination, diagnosis, or treatment of a patient, or to another person while the other person is participating in…”
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