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Mental health practitioners; confidentiality, exception - Neb. Rev. Stat. § 38-2136

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Records and information relating to the mental health of an individual are confidential and privileged to the patient, and may only be disclosed in accordance with the statute.
Disclosure With Consent:
A patient may consent to the disclosure of information relating to their mental health in writing. If  the person is deceased, the person’s personal representative may consent on their behalf.
Disclosure Without Consent:
Mental health information may be disclosed without a patient’s consent under the following circumstances:
“As such privilege is limited by the laws of the State of Nebraska or as the board may determine by rule and regulation”
·         When the person brings a charge against the licensee, and thus waives their privilege
·         When there is a duty to warn under circumstances outlined in §38-2137

Current as of June 2015