New Mexico Statutes
Article 9A - Counseling and Therapy
Section 61-9A-27 - Privileged communications. (Repealed effective July 1, 2028.)

A. No counselor and therapist practitioner, or person providing appropriate supervision for licensure or certification requirements or supervisee participating in obtaining supervision and practice experience requirements, shall be examined in nonjudicial proceedings without the consent of his client concerning any communication made by the client to him or any advice given to the client in the course of professional employment; nor shall the secretary, stenographer or clerk of a counselor and therapist practitioner or supervisor be examined without the consent of the counselor and therapist practitioner concerning any fact, the knowledge of which he acquired in that capacity; nor shall any person who has participated in any counseling practice conducted under the supervision of a person authorized by law to conduct such practice, including group therapy sessions, be examined concerning any knowledge gained during the course of the practice without the consent of the person to whom the testimony sought relates.
B. No counselor and therapist practitioner shall disclose any information acquired from a person who has consulted him in his professional capacity, unless:
(1) he has the written consent of the client or in the case of death or disability the client's personal representative or any other person authorized to sue for the beneficiary of any insurance policy on the client's life, health or physical condition;
(2) such communication reveals the contemplation of a crime or act harmful to the person's self or others;
(3) the information acquired indicates the person was the victim or subject of a crime required to be reported by law; or
(4) the person, family or legal guardian waives the privilege by bringing charges against a counselor and therapist practitioner as defined in the Counseling and Therapy Practice Act.
C. Nothing in this section shall be construed to prohibit a counselor and therapist practitioner from disclosing information in a court hearing concerning matters of adoption, child abuse, child neglect or other matters pertaining to the welfare of children as stipulated in the Children's Code [Chapter 32A NMSA 1978] or to those matters pertaining to citizens as protected under the Adult Protective Services Act [27-7-14 to 27-7-31 NMSA 1978].
History: Laws 1993, ch. 49, § 27.
Delayed repeals. — For delayed repeal of this section, see 61-9A-30 NMSA 1978.
Applicability of privilege in a child abuse and neglect case was not required to be addressed because the clear language of Rule 11-504 NMRA, this section, and Section 61-31-24 NMSA 1978 permits disclosure. State ex rel. Children, Youth & Families Dep't, 2000-NMCA-035, 128 N.M. 813, 999 P.2d 1045, cert. denied, 129 N.M. 207, 4 P.3d 35.

Structure New Mexico Statutes