Minn. Stat. » CHAPTER 148B. MARRIAGE AND FAMILY THERAPY, PROFESSIONAL COUNSELING
Minnesota Statutes

Minn. Stat. § 148B.39 (2026)

Privileged Communications; Exceptions

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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A person licensed under sections 148B.29 to 148B.392 and employees and professional associates of the person cannot be required to disclose any information that the person, employee, or associate may have acquired in rendering marriage and family therapy services, unless:

(1) disclosure is required by other state laws;

(2) failure to disclose the information presents a clear and present danger to the health or safety of an individual;

(3) the person, employee, or associate is a party defendant to a civil, criminal, or disciplinary action arising from the therapy, in which case a waiver of the privilege accorded by this section is limited to that action;

(4) the patient is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to a compulsory process or the right to present testimony and witnesses in that person's behalf; and

(5) a patient agrees to a waiver of the privilege accorded by this section, and in circumstances where more than one person in a family is receiving therapy, each such family member agrees to the waiver. Absent a waiver from each family member, a marital and family therapist cannot disclose information received by a family member.

Notes of Decisions
Cited in 2 cases, 2014–2015 · leading case: State of Minnesota v. Thomas Alan Boos, No. A13-2316 (Minn. Ct. App. Aug. 18, 2014).
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State of Minnesota v. Thomas Alan Boos, No. A13-2316 (Minn. Ct. App. Aug. 18, 2014). · cites it 2× “See Minn. Stat. § 148B.39 (2012). A patient may consent to disclosure by signing a waiver.”
In the Matter of: Danielle Ann Schanze v. Daniel Frederick Schanze, No. A15-231 (Minn. Ct. App. Dec. 14, 2015). · cites it 2× “Minn. Stat. § 148B.39(5) (2014). Here, Danielle did not provide a waiver.”
Minn. Stat. § 148B.39(5): 1 case
In the Matter of: Danielle Ann Schanze v. Daniel Frederick Schanze, No. A15-231 (Minn. Ct. App. Dec. 14, 2015). “Minn. Stat. § 148B.39(5) (2014). Here, Danielle did not provide a waiver.”
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