HRS §451J-12
When therapists must keep what you say private
This law protects what you tell a marriage and family therapist. The therapist cannot be forced to share your private information, except in certain situations like when the law requires it, someone is in danger, or you give written permission. It applies to therapists and their staff.
The statute, as written — Confidentiality and privileged communications
[Section effective until June 30, 2026. For section effective July 1, 2026, see below.] No person licensed as a marriage and family therapist, nor any of the person's employees or associates, shall be required to disclose any information that the person may have acquired in rendering marriage and family therapy services except in the following circumstances: (1) As required by law; (2) To prevent a clear and immediate danger to a person or persons; (3) In the course of a civil, criminal, or disciplinary action arising from the therapy where the therapist is a defendant; (4) In a criminal proceeding where the client is a defendant and the use of the privilege would violate the defendant's right to a compulsory process of the right to present testimony and witnesses in the defendant's own behalf; (5) In accordance with the terms of a client's previously written waiver of the privilege; or (6) Where more than one person in a family jointly receives therapy and each family member who is legally competent executes a written waiver; in that instance, a therapist may disclose information received from any family member in accordance with the terms of the person's waiver.
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