Wyoming Statutes

Wyo. Stat. § 33-27-123 (2026)

Privileged communication.

✓ current as of May 2026

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(a) In judicial proceedings, whether civil, criminal, or
juvenile, in legislative and administrative proceedings, in
proceedings related to the Psychology Interjurisdictional
Compact, W.S. 33-27-202, and in proceedings preliminary and
ancillary thereto, a patient or client, or his guardian or
personal representative, may refuse to disclose or prevent the
disclosure of confidential information, including information
contained in administrative records, communicated to a person
licensed or otherwise authorized to practice under this act, the
Psychology Interjurisdictional Compact, W.S. 33-27-202 or to
persons reasonably believed by the patient or client to be so
licensed, and their agents, for the purpose of diagnosis,
evaluation or treatment of any mental or emotional condition or
disorder. The psychologist, behavior analyst or assistant
behavior analyst shall not disclose any information communicated
as described above in the absence of an express waiver of the
privilege except in the following circumstances:

          (i) Where abuse or harmful neglect of children, the
elderly or disabled or incompetent individuals is known or
reasonably suspected;

          (ii) Where the validity of a will of a former patient
or client is contested;

          (iii) Where such information is necessary for the
psychologist, behavior analyst or assistant behavior analyst to
defend against a malpractice action brought by the patient or
client;

          (iv) Where an immediate threat of physical violence
against a readily identifiable victim is disclosed to the
psychologist, behavior analyst or assistant behavior analyst;

          (v) In the context of civil commitment proceedings,
where an immediate threat of self-inflicted damage is disclosed
to the psychologist, behavior analyst or assistant behavior
analyst;

          (vi) Where the patient or client, by alleging mental
or emotional damages in litigation, puts his mental state in
issue and production of those materials by the patient or client
is required by law;

          (vii) Where the patient or client is examined
pursuant to court order; or

          (viii) In the context of investigations and hearings
brought by the patient or client and conducted by the board
where violations of this act or the Psychology
Interjurisdictional Compact, W.S. 33-27-202 are at issue.
Information that is deemed to be of sensitive nature shall be
inspected by the board in camera and the board shall determine
whether or not the information shall become a part of the record
and subject to public disclosure.

Notes of Decisions

Cited in 6 cases, 1996–2020 · leading case: Aubri Vahai v. Ryan Gertsch, 2020 WY 7 (Wyo. 2020).

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Aubri Vahai v. Ryan Gertsch, 2020 WY 7 (Wyo. 2020). · cites it 19× “Her attorney notified opposing counsel of the fact that she was receiving treatment but refused to disclose her treatment records to the defendants, claiming they were privileged under Wyo. Stat. Ann. § 33-27-123 (a) (LexisNexis 2019).”

Jaffee v. Redmond, 518 U.S. 1 (1996). · cites it 2× “04 (1993-1994); Wyo. Stat. § 33-27-123 (Supp. 1995). [12] At the outset of their relationship, the ethical therapist must disclose to the patient "the relevant limits on confidentiality.”

Vit v. State, 909 P.2d 953 (Wyo. 1996). · cites it 6× “In both motions, he raised the claim of privilege as found in Wyo.Stat. § 33-27-123 (Supp.1993), and in his first motion he also objected that this testimony lacked probative value, asserting, “[t]he crime of stalking has to do with the acts of surveilling [sic] or harassing,…”

In Re Greene, 2009 WY 42 (Wyo. 2009). · cites it 5× “Greene sought was protected by the patient-mental health professional privilege provided for in Wyo. Stat. Ann. § 33-27-123 and § 33-38-113 (LexisNexis 2005) and did not fall within any exception.”

Mathews v. Becerra, 455 P.3d 277 (Cal. 2019). “04 ; Wyo. Stat. Ann. § 33-27-123 .) In these jurisdictions, psychotherapists may reveal otherwise privileged communications not only to law enforcement or child welfare agencies in compliance with reporting laws, but also when relevant to certain administrative or judicial…”

United States v. Auster, 517 F.3d 312 (5th Cir. 2008). “”); Wyo. Stat. Ann. § 33-27-123 ("In judicial proceedings, whether civil, criminal, or juvenile .”

— Wyo. Stat. § 33-27-123(a)(iii) — 1 case

In Re Greene, 2009 WY 42 (Wyo. 2009). “Greene sought was protected by the patient-mental health professional privilege provided for in Wyo. Stat. Ann. § 33-27-123 and § 33-38-113 (LexisNexis 2005) and did not fall within any exception.”

— Wyo. Stat. § 33-27-123(a)(iv) — 1 case

Vit v. State, 909 P.2d 953 (Wyo. 1996). “In both motions, he raised the claim of privilege as found in Wyo.Stat. § 33-27-123 (Supp.1993), and in his first motion he also objected that this testimony lacked probative value, asserting, “[t]he crime of stalking has to do with the acts of surveilling [sic] or harassing,…”

— Wyo. Stat. § 33-27-123(a)(vi) — 2 cases

Aubri Vahai v. Ryan Gertsch, 2020 WY 7 (Wyo. 2020). “Her attorney notified opposing counsel of the fact that she was receiving treatment but refused to disclose her treatment records to the defendants, claiming they were privileged under Wyo. Stat. Ann. § 33-27-123 (a) (LexisNexis 2019).”

— Wyo. Stat. § 33-27-123(vi) — 1 case

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