Nrs: Chapter 49 - Privileges

Link to law: https://www.leg.state.nv.us/NRS/NRS-049.html
Published: 2015

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[Rev. 2/10/2015 4:01:54

PM--2014R2]

CHAPTER 49 - PRIVILEGES

GENERAL PROVISIONS

NRS 49.015             Privileges

recognized only as provided.

NRS 49.025             Required

reports privileged by statute.

NRS 49.027             Prevention

of disclosure of privileged matter by interpreter.

LAWYER AND CLIENT

NRS 49.035             Definitions.

NRS 49.045             “Client”

defined.

NRS 49.055             “Confidential”

defined.

NRS 49.065             “Lawyer”

defined.

NRS 49.075             “Representative

of the client” defined.

NRS 49.085             “Representative

of the lawyer” defined.

NRS 49.095             General

rule of privilege.

NRS 49.105             Who

may claim privilege.

NRS 49.115             Exceptions.

PROCEEDINGS OF REVIEW COMMITTEE

NRS 49.117             “Review

committee” defined.

NRS 49.119             General

rule of privilege.

NRS 49.121             Who

may claim privilege.

NRS 49.123             Exceptions.

ACCOUNTANT AND CLIENT

NRS 49.125             Definitions.

NRS 49.135             “Accountant”

defined.

NRS 49.145             “Client”

defined.

NRS 49.155             “Confidential”

defined.

NRS 49.165             “Representative

of the accountant” defined.

NRS 49.175             “Representative

of the client” defined.

NRS 49.185             General

rule of privilege.

NRS 49.195             Who

may claim privilege.

NRS 49.205             Exceptions.

PSYCHOLOGIST AND PATIENT

NRS 49.207             Definitions.

NRS 49.209             General

rule of privilege.

NRS 49.211             Who

may claim privilege.

NRS 49.213             Exceptions.

DOCTOR AND PATIENT

NRS 49.215             Definitions.

NRS 49.225             General

rule of privilege.

NRS 49.235             Who

may claim privilege.

NRS 49.245             Exceptions.

MARRIAGE AND FAMILY THERAPIST AND CLIENT

NRS 49.246             Definitions.

NRS 49.247             General

rule of privilege.

NRS 49.248             Who

may claim privilege.

NRS 49.249             Exceptions.

CLINICAL PROFESSIONAL COUNSELOR AND CLIENT

NRS 49.2502           Definitions.

NRS 49.2504           General

rule of privilege.

NRS 49.2506           Who

may claim privilege.

NRS 49.2508           Exceptions.

SOCIAL WORKER AND CLIENT

NRS 49.251             Definitions.

NRS 49.252             General

rule of privilege.

NRS 49.253             Who

may claim privilege.

NRS 49.254             Exceptions.

VICTIM’S ADVOCATE AND VICTIM

NRS 49.2541           Definitions.

NRS 49.2542           “Domestic

violence” defined.

NRS 49.2543           “Sexual

assault” defined.

NRS 49.2544           “Victim”

defined.

NRS 49.2545           “Victim’s

advocate” defined.

NRS 49.2546           When

communication deemed to be confidential; “communication” defined.

NRS 49.2547           General

rule of privilege.

NRS 49.2548           Who

may claim privilege.

NRS 49.2549           Exceptions.

OTHER OCCUPATIONAL PRIVILEGES

NRS 49.255             Confessor

and confessant.

NRS 49.265             Committees

for review of medical or dental care.

NRS 49.275             News

media.

NRS 49.285             Public

officer as witness.

NRS 49.290             Counselor

and pupil.

NRS 49.291             Teacher

and pupil.

MISCELLANEOUS PRIVILEGES

NRS 49.295             Husband

and wife: General rule of privilege; exceptions.

NRS 49.305             Husband

and wife: Exception for insanity.

NRS 49.315             Political

vote.

NRS 49.325             Trade

secrets.

IDENTITY OF INFORMER

NRS 49.335             Privilege

to refuse disclosure of identity of informer.

NRS 49.345             Who

may claim.

NRS 49.355             Voluntary

disclosure; informer a witness.

NRS 49.365             Testimony

on guilt or innocence.

NRS 49.375             Legality

of obtaining evidence.

WAIVER AND COMMENT

NRS 49.385             Waiver

of privilege by voluntary disclosure.

NRS 49.395             Privileged

matter disclosed under compulsion or without opportunity to claim privilege.

NRS 49.405             Comment

upon or inference from claim of privilege; instruction.

_________

 

GENERAL PROVISIONS

      NRS 49.015  Privileges recognized only as provided.

      1.  Except as otherwise required by the

Constitution of the United States or of the State of Nevada, and except as

otherwise provided in this title or title 14 of NRS, or NRS 41.071, no person has a privilege to:

      (a) Refuse to be a witness;

      (b) Refuse to disclose any matter;

      (c) Refuse to produce any object or writing; or

      (d) Prevent another from being a witness or

disclosing any matter or producing any object or writing.

      2.  This section does not:

      (a) Impair any privilege created by title 14 of

NRS or by the Nevada Rules of Civil Procedure which is limited to a particular

stage of the proceeding; or

      (b) Extend any such privilege to any other stage

of a proceeding.

      (Added to NRS by 1971, 782; A 2009, 1043)

      NRS 49.025  Required reports privileged by statute.

      1.  A person making a return or report

required by law to be made has a privilege to refuse to disclose and to prevent

any other person from disclosing the return or report, if the law requiring it

to be made so provides.

      2.  A public officer or agency to whom a

return or report is required by law to be made has a privilege to refuse to

disclose the return or report if the law requiring it to be made so provides.

      3.  No privilege exists under this section

in actions involving false statements or fraud in the return or report or when

the report is contained in health care records furnished in accordance with the

provisions of NRS 629.061.

      (Added to NRS by 1971, 782; A 1977, 1314)

      NRS 49.027  Prevention of disclosure of privileged matter by interpreter.  A person who has a privilege against the

disclosure of a matter may prevent the disclosure of that matter by an

interpreter to whom the matter was disclosed merely to facilitate a privileged

communication of the matter.

      (Added to NRS by 1995, 803)

LAWYER AND CLIENT

      NRS 49.035  Definitions.  As

used in NRS 49.035 to 49.115,

inclusive, the words and phrases defined in NRS 49.045

to 49.085, inclusive, have the meanings ascribed to

them in NRS 49.045 to 49.085,

inclusive.

      (Added to NRS by 1971, 782)

      NRS 49.045  “Client” defined.  “Client”

means a person, including a public officer, corporation, association or other

organization or entity, either public or private, who is rendered professional

legal services by a lawyer, or who consults a lawyer with a view to obtaining

professional legal services from the lawyer.

      (Added to NRS by 1971, 782)

      NRS 49.055  “Confidential” defined.  A

communication is “confidential” if it is not intended to be disclosed to third

persons other than those to whom disclosure is in furtherance of the rendition

of professional legal services to the client or those reasonably necessary for

the transmission of the communication.

      (Added to NRS by 1971, 782)

      NRS 49.065  “Lawyer” defined.  “Lawyer”

means a person authorized, or reasonably believed by the client to be

authorized, to practice law in any state or nation.

      (Added to NRS by 1971, 783)

      NRS 49.075  “Representative of the client” defined.  “Representative

of the client” means a person having authority to obtain professional legal

services, or to act on advice rendered pursuant thereto, on behalf of the

client.

      (Added to NRS by 1971, 783)

      NRS 49.085  “Representative of the lawyer” defined.  “Representative

of the lawyer” means a person employed by the lawyer to assist in the rendition

of professional legal services.

      (Added to NRS by 1971, 783)

      NRS 49.095  General rule of privilege.  A

client has a privilege to refuse to disclose, and to prevent any other person

from disclosing, confidential communications:

      1.  Between the client or the client’s

representative and the client’s lawyer or the representative of the client’s

lawyer.

      2.  Between the client’s lawyer and the

lawyer’s representative.

      3.  Made for the purpose of facilitating

the rendition of professional legal services to the client, by the client or

the client’s lawyer to a lawyer representing another in a matter of common

interest.

      (Added to NRS by 1971, 783)

      NRS 49.105  Who may claim privilege.

      1.  The privilege may be claimed by the

client, the client’s guardian or conservator, the personal representative of a

deceased client, or the successor, trustee or similar representative of a

corporation, association or other organization, whether or not in existence.

      2.  The person who was the lawyer at the

time of the communication may claim the privilege but only on behalf of the

client. The person’s authority to do so is presumed in the absence of evidence

to the contrary.

      (Added to NRS by 1971, 783)

      NRS 49.115  Exceptions.  There

is no privilege under NRS 49.095 or 49.105:

      1.  If the services of the lawyer were sought

or obtained to enable or aid anyone to commit or plan to commit what the client

knew or reasonably should have known to be a crime or fraud.

      2.  As to a communication relevant to an

issue between parties who claim through the same deceased client, regardless of

whether the claims are by testate or intestate succession or by inter vivos

transaction.

      3.  As to a communication relevant to an

issue of breach of duty by the lawyer to his or her client or by the client to

his or her lawyer.

      4.  As to a communication relevant to an

issue concerning an attested document to which the lawyer is an attesting

witness.

      5.  As to a communication relevant to a

matter of common interest between two or more clients if the communication was

made by any of them to a lawyer retained or consulted in common, when offered

in an action between any of the clients.

      (Added to NRS by 1971, 783)

PROCEEDINGS OF REVIEW COMMITTEE

      NRS 49.117  “Review committee” defined.  As

used in NRS 49.117 to 49.123,

inclusive, unless the context otherwise requires, “review committee” means:

      1.  An organized committee of:

      (a) A hospital;

      (b) An ambulatory surgical center;

      (c) A health maintenance organization;

      (d) An organization that provides emergency

medical services pursuant to the provisions of chapter

450B of NRS;

      (e) A medical facility as defined in NRS 449.0151; or

      (f) An institution of the Nevada System of Higher

Education or any of its affiliated organizations that provides a clinical

program or practice related to the medical treatment or care of patients,

Ê which has

the responsibility of evaluating and improving the quality of care rendered by

the parent organization;

      2.  A peer review committee of a medical or

dental society; or

      3.  A medical review committee of a county

or district board of health that certifies, licenses or regulates providers of

emergency medical services pursuant to the provisions of chapter 450B of NRS, but only when functioning

as a peer review committee.

      (Added to NRS by 1995, 1692; A 2005, 2518; 2007, 34)

      NRS 49.119  General rule of privilege.  A

review committee has a privilege to refuse to disclose and to prevent any other

person from disclosing its proceedings and records and testimony given before

it.

      (Added to NRS by 1995, 1693)

      NRS 49.121  Who may claim privilege.

      1.  The privilege may be claimed by any

member of the review committee, any person whose work has been reviewed by the

committee or any person who has offered testimony, an opinion or documentary

evidence before the committee.

      2.  The privilege is presumed to be claimed

as to a particular matter unless a written waiver is signed by all persons

entitled to claim the privilege as to that matter.

      3.  The privilege is not waived or lost if

a person discloses information which is otherwise privileged to a governmental

or regulatory agency of this State or the United States.

      (Added to NRS by 1995, 1693)

      NRS 49.123  Exceptions.  There

is no privilege under NRS 49.119 or 49.121 as to:

      1.  A statement made by an applicant for

staff privileges at a hospital; or

      2.  Any information available from a record

required to be made available pursuant to the provisions of NRS 629.061.

      (Added to NRS by 1995, 1693)

ACCOUNTANT AND CLIENT

      NRS 49.125  Definitions.  As

used in NRS 49.125 to 49.205,

inclusive, the words and phrases defined in NRS 49.135

to 49.175, inclusive, have the meanings ascribed to

them in NRS 49.135 to 49.175,

inclusive.

      (Added to NRS by 1971, 783)

      NRS 49.135  “Accountant” defined.  “Accountant”

means a person certified or registered as a public accountant under chapter 628 of NRS who holds a live permit.

      (Added to NRS by 1971, 783)

      NRS 49.145  “Client” defined.  “Client”

means a person, including a public officer, corporation, association or other

organization or entity, either public or private, who is rendered professional

accounting services by an accountant, or who consults an accountant with a view

to obtaining professional accounting services from the accountant.

      (Added to NRS by 1971, 783)

      NRS 49.155  “Confidential” defined.  A

communication is “confidential” if it is not intended to be disclosed to third

persons other than those to whom disclosure is in furtherance of the rendition

of professional accounting services to the client or those reasonably necessary

for the transmission of the communication.

      (Added to NRS by 1971, 784)

      NRS 49.165  “Representative of the accountant” defined.  “Representative of the accountant” means a

person employed by the accountant to assist in the rendition of professional

accounting services.

      (Added to NRS by 1971, 784)

      NRS 49.175  “Representative of the client” defined.  “Representative

of the client” means a person having authority to obtain professional

accounting services, or to act on advice rendered pursuant thereto, on behalf

of the client.

      (Added to NRS by 1971, 784)

      NRS 49.185  General rule of privilege.  A

client has a privilege to refuse to disclose, and to prevent any other person

from disclosing, confidential communications:

      1.  Between the client or the client’s

representative and the client’s accountant or the representative of the

client’s accountant.

      2.  Between the client’s accountant and the

accountant’s representative.

      3.  Made for the purpose of facilitating

the rendition of professional accounting services to the client, by the client

or the client’s accountant to an accountant representing another in a matter of

common interest.

      (Added to NRS by 1971, 784)

      NRS 49.195  Who may claim privilege.

      1.  The privilege may be claimed by the

client, the client’s guardian or conservator, the personal representative of a

deceased client, or the successor, trustee or similar representative of a

corporation, association or other organization, whether or not in existence.

      2.  The person who was the accountant may

claim the privilege but only on behalf of the client. The person’s authority to

do so is presumed in the absence of evidence to the contrary.

      (Added to NRS by 1971, 784)

      NRS 49.205  Exceptions.  There

is no privilege under NRS 49.185 or 49.195:

      1.  If the services of the accountant were

sought or obtained to enable or aid anyone to commit or plan to commit what the

client knew or reasonably should have known to be a crime or fraud.

      2.  As to a communication relevant to an

issue between parties who claim through the same deceased client, regardless of

whether the claims are by testate or intestate succession or by inter vivos

transaction.

      3.  As to a communication relevant to an

issue of breach of duty by the accountant to his or her client or by the client

to his or her accountant.

      4.  As to a communication relevant to an

issue concerning the examination, audit or report of any financial statements,

books, records or accounts which the accountant may be engaged to make or

requested by a prospective client to discuss for the purpose of making a public

report.

      5.  As to a communication relevant to a

matter of common interest between two or more clients if the communication was

made by any of them to an accountant retained or consulted in common, when

offered in an action between any of the clients.

      6.  As to a communication between a

corporation and its accountant:

      (a) In an action by a shareholder against the

corporation which is based upon a breach of fiduciary duty; or

      (b) In a derivative action by a shareholder on

behalf of the corporation.

      (Added to NRS by 1971, 784)

PSYCHOLOGIST AND PATIENT

      NRS 49.207  Definitions.  As

used in NRS 49.207 to 49.213,

inclusive, unless the context otherwise requires:

      1.  A communication is “confidential” if it

is not intended to be disclosed to third persons other than:

      (a) Those present to further the interest of the

patient in the consultation, examination or interview;

      (b) Persons reasonably necessary for the

transmission of the communication; or

      (c) Persons who are participating in the

diagnosis and treatment under the direction of the psychologist, including

members of the patient’s family.

      2.  “Patient” has the meaning ascribed to

it in NRS 641.0245.

      3.  “Psychologist” has the meaning ascribed

to it in NRS 641.027.

      (Added to NRS by 1995, 2497)

      NRS 49.209  General rule of privilege.  A

patient has a privilege to refuse to disclose and to prevent any other person

from disclosing confidential communications between the patient and the

patient’s psychologist or any other person who is participating in the

diagnosis or treatment under the direction of the psychologist, including a

member of the patient’s family.

      (Added to NRS by 1995, 2497)

      NRS 49.211  Who may claim privilege.

      1.  The privilege may be claimed by the

patient, by the patient’s guardian or conservator or by the personal

representative of a deceased patient.

      2.  The psychologist of a patient may claim

the privilege but only on behalf of the patient. The authority of the

psychologist to claim the privilege is presumed in the absence of evidence to

the contrary.

      (Added to NRS by 1995, 2497)

      NRS 49.213  Exceptions.  There

is no privilege pursuant to NRS 49.209 or 49.211:

      1.  For communications relevant to an issue

in a proceeding to hospitalize the patient for mental illness, if the

psychologist in the course of diagnosis or treatment has determined that the

patient requires hospitalization.

      2.  For communications relevant to an issue

of the treatment of the patient in any proceeding in which the treatment is an

element of a claim or defense.

      3.  If disclosure is otherwise required by

state or federal law.

      4.  For communications relevant to an issue

in a proceeding to determine the validity of a will of the patient.

      5.  If there is an immediate threat that

the patient will harm himself or herself or other persons.

      6.  For communications made in the course

of a court-ordered examination of the condition of a patient with respect to

the specific purpose of the examination unless the court orders otherwise.

      7.  For communications relevant to an issue

in an investigation or hearing conducted by the Board of Psychological

Examiners if the treatment of the patient is an element of that investigation

or hearing.

      8.  For communications relevant to an issue

in a proceeding relating to the abuse or neglect of a person with a disability

or a person who is legally incompetent.

      (Added to NRS by 1995, 2497)

DOCTOR AND PATIENT

      NRS 49.215  Definitions.  As

used in NRS 49.215 to 49.245,

inclusive:

      1.  A communication is “confidential” if it

is not intended to be disclosed to third persons other than:

      (a) Those present to further the interest of the

patient in the consultation, examination or interview;

      (b) Persons reasonably necessary for the

transmission of the communication; or

      (c) Persons who are participating in the

diagnosis and treatment under the direction of the doctor, including members of

the patient’s family.

      2.  “Doctor” means a person licensed to

practice medicine, dentistry or osteopathic medicine in any state or nation, or

a person who is reasonably believed by the patient to be so licensed, and in

addition includes a person employed by a public or private agency as a

psychiatric social worker, or someone under his or her guidance, direction or

control, while engaged in the examination, diagnosis or treatment of a patient

for a mental condition.

      3.  “Patient” means a person who consults

or is examined or interviewed by a doctor for purposes of diagnosis or

treatment.

      (Added to NRS by 1971, 785; A 1975, 1632; 1977, 956; 1995, 2498)

      NRS 49.225  General rule of privilege.  A

patient has a privilege to refuse to disclose and to prevent any other person

from disclosing confidential communications among the patient, the patient’s

doctor or persons who are participating in the diagnosis or treatment under the

direction of the doctor, including members of the patient’s family.

      (Added to NRS by 1971, 785)

      NRS 49.235  Who may claim privilege.

      1.  The privilege may be claimed by the

patient, by the patient’s guardian or conservator, or by the personal

representative of a deceased patient.

      2.  The person who was the doctor may claim

the privilege but only on behalf of the patient. The person’s authority so to

do is presumed in the absence of evidence to the contrary.

      (Added to NRS by 1971, 785)

      NRS 49.245  Exceptions.  There

is no privilege under NRS 49.225 or 49.235:

      1.  For communications relevant to an issue

in proceedings to hospitalize the patient for mental illness, if the doctor in

the course of diagnosis or treatment has determined that the patient is in need

of hospitalization.

      2.  As to communications made in the course

of a court-ordered examination of the condition of a patient with respect to

the particular purpose of the examination unless the court orders otherwise.

      3.  As to written medical or hospital

records relevant to an issue of the condition of the patient in any proceeding

in which the condition is an element of a claim or defense.

      4.  In a prosecution or mandamus proceeding

under chapter 441A of NRS.

      5.  As to any information communicated to a

physician in an effort unlawfully to procure a dangerous drug or controlled

substance, or unlawfully to procure the administration of any such drug or substance.

      6.  As to any written medical or hospital

records which are furnished in accordance with the provisions of NRS 629.061.

      7.  As to records that are required by chapter 453 of NRS to be maintained.

      8.  If the services of the physician are

sought or obtained to enable or aid a person to commit or plan to commit fraud

or any other unlawful act in violation of any provision of chapter 616A, 616B,

616C, 616D

or 617 of NRS which the person knows or

reasonably should know is fraudulent or otherwise unlawful.

      (Added to NRS by 1971, 785; A 1977, 155, 997, 1314; 1981, 589, 1967; 1985, 2012; 1987, 1036; 1989, 300, 302, 425; 1995, 1877; 2002

Special Session, 12)

MARRIAGE AND FAMILY THERAPIST AND CLIENT

      NRS 49.246  Definitions.  As

used in NRS 49.246 to 49.249,

inclusive, unless the context otherwise requires:

      1.  “Client” means a person who consults or

is interviewed by a marriage and family therapist for the purpose of diagnosis

or treatment.

      2.  A communication is “confidential” if it

is not intended to be disclosed to any third person other than a person:

      (a) Present during the consultation or interview

to further the interest of the client;

      (b) Reasonably necessary for the transmission of

the communication; or

      (c) Participating in the diagnosis or treatment

under the direction of the marriage and family therapist, including a member of

the client’s family.

      3.  “Marriage and family therapist” has the

meaning ascribed to it in NRS 641A.060

and includes a marriage and family therapist intern.

      (Added to NRS by 1987, 555; A 2007, 3074)

      NRS 49.247  General rule of privilege.  A

client has a privilege to refuse to disclose, and to prevent any other person

from disclosing, confidential communications among the client, the client’s

marriage and family therapist or any other person who is participating in the

diagnosis or treatment under the direction of the marriage and family

therapist.

      (Added to NRS by 1987, 556)

      NRS 49.248  Who may claim privilege.

      1.  The privilege may be claimed by the

client, by the client’s guardian or conservator, or by the personal

representative of a deceased client.

      2.  The person who was the marriage and

family therapist may claim the privilege but only on behalf of the client. The

person’s authority to do so is presumed in the absence of evidence to the

contrary.

      (Added to NRS by 1987, 556)

      NRS 49.249  Exceptions.  There

is no privilege under NRS 49.247 or 49.248:

      1.  If the client communicates to the

marriage and family therapist that the client intends or plans to commit what

the client knows or reasonably should know is a crime.

      2.  If the marriage and family therapist is

required to testify in an administrative or court-related investigation or

proceeding involving the welfare of his or her client or the minor children of

his or her client.

      3.  For communications relevant to an issue

in proceedings to hospitalize the patient for mental illness, if the marriage

and family therapist in the course of diagnosis or treatment has determined

that the client is in need of hospitalization.

      4.  As to communications relevant to an

issue of the treatment of the client in any proceeding in which the treatment

is an element of a claim or defense.

      (Added to NRS by 1987, 556)

CLINICAL PROFESSIONAL COUNSELOR AND CLIENT

      NRS 49.2502  Definitions.  As used

in NRS 49.2502 to 49.2508,

inclusive, unless the context otherwise requires:

      1.  “Client” means a person who consults or

is interviewed by a clinical professional counselor for the purpose of

diagnosis or treatment.

      2.  “Clinical professional counselor” has

the meaning ascribed to it in NRS

641A.031 and includes a clinical professional counselor intern.

      3.  A communication is “confidential” if it

is not intended to be disclosed to any third person other than a person:

      (a) Present during the consultation or interview

to further the interest of the client;

      (b) Reasonably necessary for the transmission of

the communication; or

      (c) Participating in the diagnosis or treatment

under the direction of the clinical professional counselor, including a member

of the client’s family.

      (Added to NRS by 2007, 3074)

      NRS 49.2504  General rule of privilege.  A

client has a privilege to refuse to disclose, and to prevent any other person

from disclosing, confidential communications among the client, the client’s

clinical professional counselor or any other person who is participating in the

diagnosis or treatment under the direction of the clinical professional

counselor.

      (Added to NRS by 2007, 3074)

      NRS 49.2506  Who may claim privilege.

      1.  The privilege may be claimed by the

client, by the client’s guardian or conservator, or by the personal

representative of a deceased client.

      2.  The person who was the clinical

professional counselor may claim the privilege but only on behalf of the

client. The authority of the clinical professional counselor to do so is

presumed in the absence of evidence to the contrary.

      (Added to NRS by 2007, 3074)

      NRS 49.2508  Exceptions.  There

is no privilege under NRS 49.2504 or 49.2506:

      1.  If the client communicates to the

clinical professional counselor that the client intends or plans to commit what

the client knows or reasonably should know is a crime.

      2.  If the clinical professional counselor

is required to testify in an administrative or court-related investigation or

proceeding involving the welfare of his or her client or the minor children of

his or her client.

      3.  For communications relevant to an issue

in proceedings to hospitalize the client for mental illness, if the clinical

professional counselor in the course of diagnosis or treatment has determined

that the client is in need of hospitalization.

      4.  As to communications relevant to an

issue of the treatment of the client in any proceeding in which the treatment

is an element of a claim or defense.

      (Added to NRS by 2007, 3074)

SOCIAL WORKER AND CLIENT

      NRS 49.251  Definitions.  As

used in NRS 49.251 to 49.254,

inclusive, unless the context otherwise requires:

      1.  “Client” means a person who consults or

is interviewed by a social worker for the purpose of diagnosis or treatment.

      2.  A communication is “confidential” if it

is not intended to be disclosed to any third person other than a person:

      (a) Present during the consultation or interview

to further the interest of the client;

      (b) Reasonably necessary for the transmission of

the communication; or

      (c) Participating in the diagnosis or treatment

under the direction of the social worker, including a member of the client’s

family.

      3.  “Social worker” means any person

licensed under chapter 641B of NRS.

      (Added to NRS by 1987, 1121)

      NRS 49.252  General rule of privilege.  A

client has a privilege to refuse to disclose, and to prevent any other person

from disclosing confidential communications among the client, the client’s

social worker or any other person who is participating in the diagnosis or

treatment under the direction of the social worker.

      (Added to NRS by 1987, 1122)

      NRS 49.253  Who may claim privilege.

      1.  The privilege may be claimed by the

client, the client’s guardian or conservator or by the personal representative

of a deceased client.

      2.  The person who is the social worker may

claim the privilege, but only on behalf of the client. The person’s authority

to do so is presumed in the absence of evidence to the contrary.

      (Added to NRS by 1987, 1122)

      NRS 49.254  Exceptions.  There

is no privilege under NRS 49.252 or 49.253:

      1.  If the services of the social worker

are sought or obtained to enable or aid anyone to commit or plan to commit what

the client knows or reasonably should have known is a crime or fraud.

      2.  If the social worker is required to

testify in an administrative or court-related investigation or proceeding

involving the welfare of his or her client or the minor children of his or her

client.

      3.  If the communication is relevant to an

issue of breach of duty by the social worker to his or her client or by the

client to his or her social worker.

      4.  If the communication is with persons

who are participating in the diagnosis and treatment of the client of the

social worker, including members of the patient’s family.

      5.  If disclosure is otherwise required by

state or federal law.

      (Added to NRS by 1987, 1122)

VICTIM’S ADVOCATE AND VICTIM

      NRS 49.2541  Definitions.  As

used in NRS 49.2541 to 49.2549,

inclusive, the words and terms defined in NRS 49.2542

to 49.2545, inclusive, have the meanings ascribed

to them in those sections.

      (Added to NRS by 2003, 1755)

      NRS 49.2542  “Domestic violence” defined.  “Domestic

violence” means an act described in NRS

33.018.

      (Added to NRS by 2003, 1755)

      NRS 49.2543  “Sexual assault” defined.  “Sexual

assault” means a violation of NRS 200.366

or an attempt to violate or conspiracy to violate NRS 200.366.

      (Added to NRS by 2003, 1755)

      NRS 49.2544  “Victim” defined.  “Victim”

means a person who alleges that an act of domestic violence or sexual assault

has been committed against the person.

      (Added to NRS by 2003, 1755)

      NRS 49.2545  “Victim’s advocate” defined.  “Victim’s

advocate” means a person who works for a nonprofit program that provides

assistance to victims with or without compensation and who has received at

least 20 hours of relevant training.

      (Added to NRS by 2003, 1755)

      NRS 49.2546  When communication deemed to be confidential; “communication”

defined.

      1.  A communication shall be deemed to be

confidential if the communication is between a victim and a victim’s advocate

and is not intended to be disclosed to third persons other than:

      (a) A person who is present to further the

interest of the victim;

      (b) A person reasonably necessary for the

transmission of the communication; or

      (c) A person who is participating in the advice,

counseling or assistance of the victim, including, without limitation, a member

of the victim’s family.

      2.  As used in this section,

“communication” includes, without limitation, all records concerning the victim

and the services provided to the victim which are within the possession of:

      (a) The victim’s advocate; or

      (b) The nonprofit program for whom the victim’s

advocate works.

      (Added to NRS by 2003, 1755)

      NRS 49.2547  General rule of privilege.  Except

as otherwise provided in NRS 49.2549, a victim who

seeks advice, counseling or assistance from a victim’s advocate has a privilege

to refuse to disclose, and to prevent any other person from disclosing,

confidential communications set forth in NRS 49.2546.

      (Added to NRS by 2003, 1756)

      NRS 49.2548  Who may claim privilege.

      1.  The privilege provided pursuant to NRS 49.2547 may be claimed by:

      (a) The victim;

      (b) The guardian or conservator of the victim;

      (c) The personal representative of a deceased

victim; and

      (d) The victim’s advocate, but only on behalf of

the victim.

      2.  The authority of a victim’s advocate to

claim the privilege is presumed in the absence of evidence to the contrary.

      (Added to NRS by 2003, 1756)

      NRS 49.2549  Exceptions.  There

is no privilege pursuant to NRS 49.2547 if:

      1.  The purpose of the victim in seeking

services from a victim’s advocate is to enable or aid any person to commit or

plan to commit what the victim knows or reasonably should have known is a crime

or fraud;

      2.  The communication concerns a report of

abuse or neglect of a child, older person or vulnerable person in violation of NRS 200.508, 200.5093 or 200.50935, but only as to that portion

of the communication;

      3.  The communication is relevant to an

issue of breach of duty by the victim’s advocate to the victim or by the victim

to the victim’s advocate; or

      4.  Disclosure of the communication is

otherwise required by law.

      (Added to NRS by 2003, 1756; A 2005, 1115)

OTHER OCCUPATIONAL PRIVILEGES

      NRS 49.255  Confessor and confessant.  A

member of the clergy or priest shall not, without the consent of the person

making the confession, be examined as a witness as to any confession made to

the member of the clergy or priest in his or her professional character.

      (Added to NRS by 1971, 785)

      NRS 49.265  Committees for review of medical or dental care.

      1.  Except as otherwise provided in

subsection 2:

      (a) The proceedings and records of:

             (1) Organized committees of hospitals, and

organized committees of organizations that provide emergency medical services

pursuant to the provisions of chapter 450B

of NRS, having the responsibility of evaluation and improvement of the quality

of care rendered by those hospitals or organizations;

             (2) Review committees of medical or dental

societies; and

             (3) Medical review committees of a county

or district board of health that certifies, licenses or regulates providers of

emergency medical services pursuant to the provisions of chapter 450B of NRS, but only when such

committees function as peer review committees,

Ê are not

subject to discovery proceedings.

      (b) No person who attends a meeting of any such

committee may be required to testify concerning the proceedings at the meeting.

      2.  The provisions of subsection 1 do not

apply to:

      (a) Any statement made by a person in attendance

at such a meeting who is a party to an action or proceeding the subject of which

is reviewed at the meeting.

      (b) Any statement made by a person who is

requesting staff privileges at a hospital.

      (c) The proceedings of any meeting considering an

action against an insurance carrier alleging bad faith by the carrier in

refusing to accept a settlement offer within the limits of the policy.

      (d) Any matter relating to the proceedings or

records of such committees which is contained in health care records furnished

in accordance with NRS 629.061.

      (Added to NRS by 1971, 785; A 1977, 1314; 1981, 1967; 1987, 1188; 1989, 1506; 2005, 2518)

      NRS 49.275  News media.  No

reporter, former reporter or editorial employee of any newspaper, periodical or

press association or employee of any radio or television station may be

required to disclose any published or unpublished information obtained or

prepared by such person in such person’s professional capacity in gathering,

receiving or processing information for communication to the public, or the

source of any information procured or obtained by such person, in any legal proceedings,

trial or investigation:

      1.  Before any court, grand jury, coroner’s

inquest, jury or any officer thereof.

      2.  Before the Legislature or any committee

thereof.

      3.  Before any department, agency or

commission of the State.

      4.  Before any local governing body or

committee thereof, or any officer of a local government.

      (Added to NRS by 1971, 786; A 1975, 502)

      NRS 49.285  Public officer as witness.  A

public officer shall not be examined as a witness as to communications made to

the public officer in official confidence, when the public interests would

suffer by the disclosure.

      (Added to NRS by 1971, 786)

      NRS 49.290  Counselor and pupil.

      1.  As used in this section, “counselor”

means a person who is regularly employed by a public or private school in this

State as a counselor, psychologist or psychological examiner for the purpose of

counseling pupils, and who holds a valid certificate issued by the

Superintendent of Public Instruction authorizing the holder to engage in pupil

counseling.

      2.  Except for communications relating to

any criminal offense the punishment for which is death or life imprisonment,

communications by a pupil to a counselor in the course of counseling or

psychological examination are privileged communications, and a counselor shall

not, without the consent of the pupil, be examined as a witness concerning any

such communication in any civil or criminal action to which such pupil is a

party.

      (Added to NRS by 1973, 1840; A 1979, 1639)

      NRS 49.291  Teacher and pupil.

      1.  As used in this section, “teacher”

means a person who is regularly employed by a public or private school in this

State as a teacher or administrator and who holds a valid license issued by the

Superintendent of Public Instruction authorizing the holder to teach or perform

administrative functions in schools.

      2.  Communications by a pupil to a teacher

concerning the pupil’s possession or use of drugs or alcoholic beverages made

while the teacher was counseling or attempting to counsel the pupil are

privileged communications and the teacher must not, without the consent of the

pupil, be examined as a witness concerning any such communication in any civil

or criminal action to which the pupil is a party.

      (Added to NRS by 1973, 1840; A 1979, 1639; 1987, 1014)

MISCELLANEOUS PRIVILEGES

      NRS 49.295  Husband and wife: General rule of privilege; exceptions.

      1.  Except as otherwise provided in

subsections 2 and 3 and NRS 49.305:

      (a) A husband cannot be examined as a witness for

or against his wife without his consent, nor a wife for or against her husband

without her consent.

      (b) Neither a husband nor a wife can be examined,

during the marriage or afterwards, without the consent of the other, as to any

communication made by one to the other during marriage.

      2.  The provisions of subsection 1 do not

apply to a:

      (a) Civil proceeding brought by or on behalf of

one spouse against the other spouse;

      (b) Proceeding to commit or otherwise place a

spouse, the property of the spouse or both the spouse and the property of the

spouse under the control of another because of the alleged mental or physical

condition of the spouse;

      (c) Proceeding brought by or on behalf of a

spouse to establish his or her competence;

      (d) Proceeding in the juvenile court or family

court pursuant to title 5 of NRS or NRS

432B.410 to 432B.590, inclusive;

or

      (e) Criminal proceeding in which one spouse is

charged with:

             (1) A crime against the person or the

property of the other spouse or of a child of either, or of a child in the

custody or control of either, whether the crime was committed before or during

marriage.

             (2) Bigamy or incest.

             (3) A crime related to abandonment of a

child or nonsupport of the other spouse or child.

      3.  The provisions of subsection 1 do not

apply in any criminal proceeding to events which took place before the husband

and wife were married.

      (Added to NRS by 1971, 786; A 1977, 265; 1979, 460; 1985, 842, 1387; 1991, 458, 2177; 1993, 603; 2003, 593, 1115)

      NRS 49.305  Husband and wife: Exception for insanity.  When a husband or wife is insane, and has been

so declared by a court of competent jurisdiction, the other shall be a

competent witness to testify as to any fact which transpired before or during

such insanity, but the privilege of so testifying shall cease when the party

declared insane has been found by a court of competent jurisdiction to be of

sound mind, and the husband and wife shall then have the testimonial

limitations and privileges provided in NRS 49.295.

      (Added to NRS by 1971, 786)

      NRS 49.315  Political vote.  Every

person has a privilege to refuse to disclose the tenor of his or her vote at a

political election conducted by secret ballot unless the vote was cast

illegally.

      (Added to NRS by 1971, 787)

      NRS 49.325  Trade secrets.

      1.  A person has a privilege, which may be

claimed by the person or the person’s agent or employee, to refuse to disclose

and to prevent other persons from disclosing a trade secret owned by him or

her, if the allowance of the privilege will not tend to conceal fraud or

otherwise work injustice.

      2.  When disclosure is directed, the judge

shall take such protective measure as the interests of the holder of the

privilege and of the parties and the furtherance of justice may require.

      (Added to NRS by 1971, 787)

IDENTITY OF INFORMER

      NRS 49.335  Privilege to refuse disclosure of identity of informer.  The State or a political subdivision thereof

has a privilege to refuse to disclose the identity of a person who has

furnished to a law enforcement officer information purporting to reveal the

commission of a crime.

      (Added to NRS by 1971, 787)

      NRS 49.345  Who may claim.  The

privilege may be claimed by an appropriate representative of the State,

regardless of whether the information was furnished to an officer of the State

or a subdivision thereof. The privilege may be claimed by an appropriate

representative of a political subdivision if the information was furnished to

an officer thereof.

      (Added to NRS by 1971, 787)

      NRS 49.355  Voluntary disclosure; informer a witness.  No privilege exists under NRS 49.335 or 49.345 if

the identity of the informer or the informer’s interest in the subject matter

of his or her communication has been disclosed by a holder of the privilege or

by the informer’s own action, or if the informer appears as a witness.

      (Added to NRS by 1971, 787)

      NRS 49.365  Testimony on guilt or innocence.  If

the state or a political subdivision elects not to disclose the identity of an

informer and the circumstances indicate a reasonable probability that the

informer can give testimony necessary to a fair determination of the issue of

guilt or innocence, the judge shall on motion of the accused dismiss the

proceedings, and the judge may do so on his or her own motion.

      (Added to NRS by 1971, 787)

      NRS 49.375  Legality of obtaining evidence.

      1.  If information from an informer is

relied upon to establish the legality of the means by which evidence was

obtained and the judge is not satisfied that the information was received from

an informer reasonably believed to be reliable, the judge may require the identity

of the informer to be disclosed.

      2.  The judge may permit the disclosure to

be made in camera or make any other order which justice requires. All counsel

shall be permitted to be present at every stage at which any counsel is

permitted to be present.

      3.  If disclosure of the identity of the

informer is made in chambers, the record thereof shall be sealed and preserved

to be made available to the appellate court in the event of an appeal.

      (Added to NRS by 1971, 787)

WAIVER AND COMMENT

      NRS 49.385  Waiver of privilege by voluntary disclosure.

      1.  A person upon whom these rules confer a

privilege against disclosure of a confidential matter waives the privilege if

the person or the person’s predecessor while holder of the privilege

voluntarily discloses or consents to disclosure of any significant part of the

matter.

      2.  This section does not apply if the

disclosure is:

      (a) Itself a privileged communication; or

      (b) Made to an interpreter employed merely to

facilitate communications.

      (Added to NRS by 1971, 787; A 1995, 803)

      NRS 49.395  Privileged matter disclosed under compulsion or without

opportunity to claim privilege.  Evidence

of a statement or other disclosure of privileged matter is inadmissible against

the holder of the privilege if the disclosure was:

      1.  Compelled erroneously; or

      2.  Made without opportunity to claim the

privilege.

      (Added to NRS by 1971, 787)

      NRS 49.405  Comment upon or inference from claim of privilege; instruction.

      1.  The claim of a privilege, whether in

the present proceeding or upon a prior occasion, is not a proper subject of

comment by judge or counsel. No inference may be drawn therefrom.

      2.  In jury cases, proceedings shall be

conducted, to the extent practicable, so as to facilitate the making of claims

of privilege outside the presence of the jury.

      3.  Upon request, any party against whom

the jury might draw an adverse inference from a claim of privilege is entitled

to an instruction that no inference may be drawn therefrom.

      (Added to NRS by 1971, 788)