LD 1214
pg. 4
Page 3 of 5 An Act Regarding Confidentiality and Mental Health Page 5 of 5
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LR 1031
Item 1

 
joint holder to claim the privilege does not affect the
right of another joint holder to claim the privilege.

 
C.__A disclosure that is itself privileged is not a waiver
of any privilege.

 
D.__A disclosure in confidence of a privilege under this
section is not a waiver of the privilege if the disclosure
is reasonably necessary for the purpose for which the
licensed counseling professional or licensed clinical
social worker was consulted.

 
5.__No comment or inference permitted.__If a privilege under
this section is or was exercised in the instant proceeding or
on a prior occasion, neither the presiding officer nor counsel
may comment upon the exercise of the privilege, and no
presumption arises because of the exercise.__The trier of fact
may not draw any inference from the exercise of the privilege
as to the credibility of the witness or as to any matter at
issue in the proceeding.__At the request of a party who may be
adversely affected by an inference that may be drawn by the
jury, the court shall instruct the jury that no presumption
arises because of the exercise of the privilege and the jury
may not draw an inference from the exercise of the privilege
as to the credibility of the witness or as to any matter at
issue in the proceeding.

 
6.__Court ruling on claim of privilege.__When a court is
ruling on a privilege under this section and is unable to do
so without requiring disclosure of the information claimed to
be privileged, the court may require the persons from whom
disclosure is sought or other person authorized to claim the
privilege, or both, to disclose the information in chambers
out of presence and hearing of all persons except the person
authorized to claim the privilege and others permitted by that
person.__If the judge determines that the information is
privileged, neither the judge nor any other person may ever
disclose what was disclosed in chambers without the consent of
the person authorized to permit disclosure.

 
7.__Burden of proof.__When a privilege is claimed on the
ground that the matter sought to be disclosed is a
communication made in confidence in the course of the
relationship between patient and LCP or patient and LCSW, the
communication is presumed to have been made in confidence and
the opponent of the claim of privilege has the burden of
establishing that the communication was not confidential.

 
8.__Access for reimbursement or review not denied.__This
section does not prevent a 3rd-party reimburser, in the
ordinary course of determining eligibility for or entitlement
to benefits, from inspecting and copying records relating to
diagnosis,


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