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Senator Jerome Delvin
News & Views (Printer Friendly)
Delvin bill to protect mental health records passed by
Legislature
April 15, 2009
OLYMPIA…Soon
Washington citizens will not have to worry that sensitive
information in a mental health counselor’s files could be
subpoenaed in court, thanks to legislative passage of
Senate Bill 5931, of which Sen. Jerome Delvin, R-Richland,
is lead Republican sponsor.
“Everyone knows that communications between spouses, with a
priest, a lawyer and a psychiatrist are considered ‘privileged,’
said Delvin. “These professionals cannot be compelled to testify
in court nor can their records be subpoenaed. Washington is one
of only four states that didn’t offer privilege to marriage and
family therapists, mental health counselors, and clinical social
workers. As a
result, a party in any nasty divorce could simply subpoena his
or her partner’s mental health records for all the world to see.
This type of communication deserves protection, and I’m
happy to say we’ve now got it.”
The privileged status for these mental health professionals can
be waived if the client requests it; in matters of safety such
as child abuse; or if the patient files a complaint against the
counselor.
SB 5931 passed unanimously in the Senate and the House of
Representatives. It continues to the governor and will take
effect this summer.
- 30 - Sen. Delvin represents the 8th
Legislative District, which includes
Richland, Kennewick, Benton City, and Prosser.
Additional contact: Pat Albright at (360) 786-7519 or
albright.pat@leg.wa.gov
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