(a)

1. (1) The client of persons licensed by the Arkansas Board of Examiners in Counseling has a privilege to refuse to disclose and to prevent any other person from disclosing his or her medical records or confidential communications made for the purpose of diagnosis or treatment of his or her physical, mental, or emotional condition, including alcohol or drug addiction, among himself or herself, the licensee, and persons who are participating in the diagnosis or treatment under the direction of the licensee, including members of the client's family.
2. (2) See Rules 501, 502, and 503, Arkansas Rules of Evidence.

(b)

1. (1) The licensee is presumed to have authority to claim the privilege on behalf of the patient.
2. (2) The privilege is subject to the exceptions listed in Rule 503(d).

3. (3) The following communications are not protected by the privilege:

   1. (A) Communications relevant to an issue in proceedings to hospitalize the client are not privileged;
   2. (B) Communications made in the course of a court ordered examination of the client are not privileged unless the court orders otherwise;
   3. (C) Medical records or communications relevant to an issue of the physical, mental, or emotional condition of the patient in any proceeding in which he or she relies upon the condition as an element of his or her claim or defense or, after the patient's death, in any proceeding in which any party relies upon the condition as an element of his or her claim or defense; and
   4. (D) The licensee may be required to furnish medical records and communications in the context of formal discovery procedures.