37-27-310. Privileged communications — exceptions. A licensee may not disclose any information acquired from clients during consultation in a professional capacity except:

Terms Used In Montana Code 37-27-310

  • Direct-entry midwife: means a person who advises, attends, or assists a woman during pregnancy, labor, natural childbirth, or the postpartum period. See Montana Code 37-27-103
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Licensee: means a person authorized by this chapter to practice direct-entry midwifery. See Montana Code 37-27-103
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(1)with the written consent of the client or, in the case of the client’s death or mental incapacity, with the written consent of the client’s personal representative or guardian;

(2)that the licensee need not treat as confidential a communication otherwise confidential that reveals the contemplation of a crime by the client or any other person or that in the licensee’s professional opinion reveals a threat of imminent harm to the client or others;

(3)that if the client is a minor and information acquired by the licensee indicates that the client was the victim of a crime, the licensee may be required to testify fully in relation to the information in any investigation, trial, or other legal proceeding in which the commission of the crime is the subject of inquiry;

(4)that if the client or the client’s personal representative or guardian brings an action against a licensee for a claim arising out of the client’s interaction with the direct-entry midwife, the client is considered to have waived any privilege;

(5)to the extent that the privilege is otherwise waived by the client;

(6)when the client is seeking emergency medical treatment and the client’s history is requested by the attending medical professional; and

(7)as may otherwise be required by law.