Mo. Rev. Stat. » Chapter 337
Missouri Revised Statutes

Mo. Rev. Stat. § 337.540 (2026)

Privileged communications, when

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  337.540.  Privileged communications, when. — Any communication made by any person to a licensed professional counselor in the course of professional services rendered by the licensed professional counselor shall be deemed a privileged communication and the licensed professional counselor shall not be examined or be made to testify to any privileged communication without the prior consent of the person who received his professional services, except in violation of the criminal law.

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(L. 1985 S.B. 37 § 10)

Effective 1-1-86 (S.B. 37 § 11, 1985)

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1988–2023 · leading case: In re J.D.B., 541 S.W.3d 662 (Mo. Ct. App. 2017).
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In re J.D.B., 541 S.W.3d 662 (Mo. Ct. App. 2017). · cites it 6× “" Standard of Review-Admission of Evidence In a similar case where the constitutionality of the SVPA was challenged, the Supreme Court of Missouri explained the standard of review with regards to admission of evidence: The determination of whether to admit evidence is…”
State v. Ward, 745 S.W.2d 666 (Mo. 1988). · cites it 3× “1 The standard for privileged communication is governed by section 337.540, RSMo 1986, 2 if the social worker is a licensed professional counselor.”
State v. Hawkins, 328 S.W.3d 799 (Mo. Ct. App. 2010). · cites it 2× “055 and section 337.540. These privileges exist without the physician-patient privilege stipulation that the communications must pertain to treatment in order to be classified as privileged.”
State v. Davis, 186 S.W.3d 367 (Mo. Ct. App. 2005). · cites it 2× “055 and section 337.540 and possibly section 630.”
Derby v. State, 557 S.W.3d 355 (Mo. Ct. App. 2018). · cites it 3× “Standard of Review In determining whether this testimony was privileged or admissible, the trial court was required to interpret sections 337.540 and 632.510. Our review of a trial court's statutory interpretation, which is a question of law, is de novo.”
Johnson v. Johnson, 839 S.W.2d 714 (Mo. Ct. App. 1992). · cites it 3× “The relevant statutory provision which governs the present circumstance is § 337.540, RSMo 1986, which provides as follows: Any communication made by any person to a licensed professional counselor in the course of professional services rendered by the licensed professional…”
State v. Edwards, 918 S.W.2d 841 (Mo. Ct. App. 1996). · cites it 2× “500(4), he had not received his licensure at the time of his involvement in K.”
State ex rel. McGuire v. Cundiff, 9 S.W.3d 28 (Mo. Ct. App. 1999). · cites it 6× “” Relator subsequently filed a Motion to Quash premised on the licensed professional counselor privileged communication statute, Section 337.540, RSMo.1994. On October 26, 1999, Respondent heard Relator’s Motion to Quash and denied the motion.”
In the Matter of the Care & Treatment of Eric Helm a/k/a Eric T. Helm a/k/a Eric Thomas Helm v. State of Missouri, 685 S.W.3d 416 (Mo. Ct. App. 2023). · cites it 8× “Derby claimed that statements he made to treatment providers were privileged pursuant to section 337.540,10 10 Section 337.540 provides, "[a]ny communication made by any person to a licensed professional counselor in the course of professional services rendered by the licensed…”
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