Wyo. Stat. » Wyo. Stat. / Title 33 - Professions and Occupations / Chapter 38 - PROFESSIONAL COUNSELORS, MARRIAGE AND FAMILY / Article 1 - GENERAL PROVISIONS
Wyoming Statutes

Wyo. Stat. § 33-38-113 (2026)

Privileged communication.

✓ text as retrieved May 2026 (this copy records no edition or section history)
Find cases: SyfertCases citing this section WY-LEGwyoleg.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar 
(a) In judicial proceedings, whether civil, criminal, or
juvenile, in administrative proceedings, and in proceedings
preliminary and ancillary thereto, a patient or client, or his
guardian or personal representative, may refuse to disclose and
may 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 or in accordance with the Interstate
Compact for Licensed Professional Counselors under W.S. 33-38-
202, and their agents, for the purpose of diagnosis, evaluation
or treatment of any mental or emotional condition or disorder. A
person licensed or otherwise authorized to practice under this
act or in accordance with the Interstate Compact for Licensed
Professional Counselors under W.S. 33-38-202 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 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 person
licensed or otherwise authorized to practice under this act or
in accordance with the Interstate Compact for Licensed
Professional Counselors under W.S. 33-38-202;

          (v) In the context of civil commitment proceedings,
where an immediate threat of self-inflicted damage is disclosed
to the person licensed or otherwise authorized to practice under
this act or in accordance with the Interstate Compact for
Licensed Professional Counselors under W.S. 33-38-202;

          (vi) Where the patient or client alleges mental or
emotional damages in civil litigation or otherwise places his
mental or emotional state in issue in any judicial or
administrative proceeding concerning child custody or
visitation;
          (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 Interstate Compact for
Licensed Professional Counselors under W.S. 33-38-202 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 10 cases (3 in the last 5 years), 2002–2024 · leading case: In the Matter of the Termination of Parental Rights To: GAC, a Minor Child. Krystal Kaylynn Cave v. State of Wyoming, Dep't of Fam. Servs., 2017 WY 65, 396 P.3d 411.
Sort: Relevance Newest Treatment
In the Matter of the Termination of Parental Rights To: GAC, a Minor Child. Krystal Kaylynn Cave v. State of Wyoming, Dep't of Fam. Servs., 2017 WY 65, 396 P.3d 411. · cites it 10× “Wyo. Stat. Ann. § 33-38-113 (LexisNexis 2015) establishes a privilege for information communicated by a patient or client to professional counselors, marriage and family therapists, social workers, and chemical dependency specialists “for the purpose of diagnosis, evaluation or…”
Wade Loyning v. Neisha Potter, 2024 WY 82, 553 P.3d 128. · cites it 12× “” [¶4] Therapist filed a motion to quash the subpoena in the district court in Park County on the ground Father was requesting counseling records that were privileged and confidential pursuant to both Wyo. Stat. Ann. § 33-38-113 and the Health Insurance Portability and…”
Cooper v. State, 2002 WY 78, 46 P.3d 884. · cites it 6× “Cooper did not expressly waive his privilege as required by Wyo. Stat. Ann. § 33-38-113 (LexisNexis 2001), he impliedly did so and did not suffer any prejudice.”
Killian v. Caza Drilling, Inc., 2006 WY 42, 131 P.3d 975. · cites it 2× “Did the trial court abuse its discretion in ordering that information regarding Orvil Long's alcohol counseling, which was court-ordered in an unrelated case, was confidential pursuant to Wyoming Statute Annotated § 33-38-113? FACTS [¶3] On April 15, 2001, Clint Hammers…”
Eaton v. State, 2008 WY 97, 192 P.3d 36. · cites it 2× “First, Wyo. Stat. Ann. § 33-38-113 (LexisNexis 2007) is not applicable.”
Aubri Vahai v. Ryan Gertsch, 2020 WY 7, 455 P.3d 1218. · cites it 2× “Vahai does not rely on it, § 33-38-113 establishes a similar “privilege for information communicated by a patient or client to professional counselors, marriage and family therapists, social workers, and chemical dependency specialists for the purpose of diagnosis, evaluation or…”
In re Greene, 2009 WY 42, 204 P.3d 285. · cites it 4× “§ 33-27-123 and § 33-38-113 (LexisNexis 2005) and did not fall within any exception.”
Bb v. RSR, 2007 WY 4, 149 P.3d 727. · cites it 2× “Both parties submitted briefs regarding the scope of the privilege, pursuant to Wyo. Stat. Ann. § 33-38-113 (LexisNexis 2005), in custody modification proceedings.”
United States v. Mellette, No. 21-0312/NA (C.A.A.F. July 27, 2022). “, Wyo. Stat. Ann. § 33-38-113 (a) (1999) (preventing the disclosure of “confidential information, including information contained in administrative records”); 740 Ill.”
United States v. Mellette, No. 21-0312/NA (C.A.A.F. July 27, 2022). “, Wyo. Stat. Ann. § 33-38-113 (a) (1999) (preventing the disclosure of “confidential information, including information contained in administrative records”); 740 Ill.”
Wyo. Stat. § 33-38-113(a): 2 cases
In the Matter of the Termination of Parental Rights To: GAC, a Minor Child. Krystal Kaylynn Cave v. State of Wyoming, Dep't of Fam. Servs., 2017 WY 65, 396 P.3d 411. “Wyo. Stat. Ann. § 33-38-113 (LexisNexis 2015) establishes a privilege for information communicated by a patient or client to professional counselors, marriage and family therapists, social workers, and chemical dependency specialists “for the purpose of diagnosis, evaluation or…”
Wade Loyning v. Neisha Potter, 2024 WY 82, 553 P.3d 128. “” [¶4] Therapist filed a motion to quash the subpoena in the district court in Park County on the ground Father was requesting counseling records that were privileged and confidential pursuant to both Wyo. Stat. Ann. § 33-38-113 and the Health Insurance Portability and…”
Wyo. Stat. § 33-38-113(a)(i): 1 case
In the Matter of the Termination of Parental Rights To: GAC, a Minor Child. Krystal Kaylynn Cave v. State of Wyoming, Dep't of Fam. Servs., 2017 WY 65, 396 P.3d 411. “Wyo. Stat. Ann. § 33-38-113 (LexisNexis 2015) establishes a privilege for information communicated by a patient or client to professional counselors, marriage and family therapists, social workers, and chemical dependency specialists “for the purpose of diagnosis, evaluation or…”
Wyo. Stat. § 33-38-113(a)(iii): 1 case
In re Greene, 2009 WY 42, 204 P.3d 285. “§ 33-27-123 and § 33-38-113 (LexisNexis 2005) and did not fall within any exception.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.