Sec. 1. 16 MRSA §53-C is enacted to read:

1.__Definitions.__For purposes of this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Licensed counseling professional" means a counseling professional licensed pursuant to Title 32, chapter 119.

B.__"Patient" means a person, couple, family or group who consults or is examined or interviewed by a licensed counseling professional.

2.__Privileged communication.__Except at the request or consent of the patient, a patient or licensed counseling professional may not be required to testify in any civil or criminal action, suit or proceeding at law or in equity about any information that the licensed counseling professional may have acquired from a patient during the course of providing professional counseling services to the patient.__A licensed counseling professional may not be required to disclose to a court any records, notes, documents or memoranda containing confidential communications.

3.__Exceptions.__A patient or licensed counseling professional may not be required to disclose communication privileged under this section except in the following cases:

A.__In proceedings to hospitalize a patient when a licensed counseling professional determines that the patient requires hospitalization due to mental illness;

B.__When a court orders the examination of a patient to determine the mental or emotional condition of the patient;

C.__When a patient raises the patient's mental or emotional condition as a defense in a proceeding at law or in equity;

D.__When the communication is to a person who is present or participating in the professional service, including 3rd party reimbursors and clinical or peer supervisors; or

E.__When the communication is necessary to further the best interests of the patient or is reasonably necessary for the transmission of the communication.

Sec. 2. 32 MRSA §13862, as amended by PL 1989, c. 895, §18 and affected by PL 1991, c. 263, §§5 and 6, is repealed.