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 WHITE HOUSE, Washington, D.C. -- Sec. 2. Part III of the Manual for
 Courts-Martial, United States, is amended as follows:

 a. Insert the following new rule after Mil. R. Evid. 512:
 Rule 513. Psychotherapist-patient privilege (a) General rule of privilege. A
 patient has a privilege to refuse to disclose and to prevent any other
 person from disclosing a confidential communication made between the
 patient and a psychotherapist or an assistant to the psychotherapist, in a
 case arising under the UCMJ, if such communication was made for the
 purpose of facilitating diagnosis or treatment of the patient's mental or
 emotional condition.

 (b) Definitions. As used in this rule of evidence:

 (1) A "patient" is a person who consults with or is examined or
 interviewed by a psychotherapist for purposes of advice, diagnosis, or
 treatment of a mental or emotional condition.

 (2) A "psychotherapist" is a psychiatrist, clinical psychologist, or clinical
 social worker who is licensed in any state, territory, possession, the
 District of Columbia or Puerto Rico to perform professional services as
 such, or who holds credentials to provide such services from any military
 health care facility, or is a person reasonably believed by the patient to
 have such license or credentials.

 (3) An "assistant to a psychotherapist" is a person directed by or
 assigned to assist a psychotherapist in providing professional services, or
 is reasonably believed by the patient to be such.

 (4) A communication is "confidential" if not intended to be disclosed to
 third persons other than those to whom disclosure is in furtherance of
 the rendition of professional services to the patient or those reasonably
 necessary for such transmission of the communication.

 (5) "Evidence of a patient's records or communications" is testimony of a
 psychotherapist, or assistant to the same, or patient records that pertain
 to communications by a patient to a psychotherapist, or assistant to the
 same for the purposes of diagnosis or treatment of the patient's mental
 or emotional condition.

 (c) Who may claim the privilege. The privilege may be claimed by the
 patient or the guardian or conservator of the patient. A person who may
 claim the privilege may authorize trial counsel or defense counsel to claim
 the privilege on his or her behalf. The psychotherapist or assistant to the
 psycho-therapist who received the communication may claim the
 privilege on behalf of the patient. The authority of such a
 psychotherapist, assistant, guardian, or conservator to so assert the
 privilege is presumed in the absence of evidence to the contrary.

 (d) Exceptions. There is no privilege under this rule:

 (1) when the patient is dead;

 (2) when the communication is evidence of spouse abuse, child abuse,
 or neglect or in a proceeding in which one spouse is charged with a
 crime against the person of the other spouse or a child of either spouse;

 (3) when federal law, state law, or service regulation imposes a duty to
 report information contained in a communication;

 (4) when a psychotherapist or assistant to a psychotherapist believes that
 a patient's mental or emotional condition makes the patient a danger to
 any person, including the patient;

 (5) if the communication clearly contemplated the future commission of a
 fraud or crime or if the services of the psychotherapist are sought or
 obtained to enable or aid anyone to commit or plan to commit what the
 patient knew or reasonably should have known to be a crime or fraud;

 (6) when necessary to ensure the safety and security of military
 personnel, military dependents, military property, classified information,
 or the accomplishment of a military mission;

 (7) when an accused offers statements or other evidence concerning his
 mental condition in defense, extenuation, or mitigation, under
 circumstances not covered by R.C.M. 706 or Mil. R. Evid. 302. In such
 situations, the military judge may, upon motion, order disclosure of any
 statement made by the accused to a psychotherapist as may be
 necessary in the interests of justice; or

 (8) when admission or disclosure of a communication is constitutionally

 (e) Procedure to determine admissibility of patient records or

 (1) In any case in which the production or admission of records or
 communications of a patient other than the accused is a matter in
 dispute, a party may seek an interlocutory ruling by the military judge. In
 order to obtain such a ruling, the party shall:

 (A) file a written motion at least 5 days prior to entry of pleas specifically
 describing the evidence and stating the purpose for which it is sought or
 offered, or objected to, unless the military judge, for good cause shown,
 requires a different time for filing or permits filing during trial; and

 (B) serve the motion on the opposing party, the military judge and, if
 practical, notify the patient or the patient's guardian, conservator, or
 representative that the motion has been filed and that the patient has an
 opportunity to be heard as set forth in subparagraph (e)(2).

 (2) Before ordering the production or admission of evidence of a patient's
 records or communication, the military judge shall conduct a hearing.
 Upon the motion of counsel for either party and upon good cause
 shown, the military judge may order the hearing closed. At the hearing,
 the parties may call witnesses, including the patient, and offer other
 relevant evidence. The patient shall be afforded a reasonable opportunity
 to attend the hearing and be heard at the patient's own expense unless
 the patient has been otherwise subpoenaed or ordered to appear at the
 hearing. However, the proceedings shall not be unduly delayed for this
 purpose. In a case before a court-martial composed of a military judge
 and members, the military judge shall conduct the hearing outside the
 presence of the members.

 (3) The military judge shall examine the evidence or a proffer thereof in
 camera, if such examination is necessary to rule on the motion.

 (4) To prevent unnecessary disclosure of evidence of a patient's records
 or communications, the military judge may issue protective orders or may
 admit only portions of the evidence.

 (5) The motion, related papers, and the record of the hearing shall be
 sealed and shall remain under seal unless the military judge or an
 appellate court orders otherwise."

 b. Military Rule of Evidence 513 shall only apply to communications made
 after 1 November 1999.