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

§53-D.__Privileged communications to licensed counseling

professionals or licensed clinical social workers

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Confidential communication" means information, including information obtained by examination of a patient, transmitted between a patient and an LCP or between a patient and an LCSW in the course of the relationship between the patient and the LCP or LCSW and in confidence by a means that, so far as the patient is aware, discloses the information to no 3rd persons other than those who are present to further the interest of the patient in any consultation or those to whom disclosure is reasonably necessary for the transmission of the information or the accomplishment of any purpose for which the LCP or LCSW is consulted.__"Confidential communication" includes a diagnosis made and the advice given by the LCP or LCSW in the course of the relationship.

B.__"Holder of the privilege" means:

(1) The patient, when the patient has no guardian or conservator;

(2) A guardian or conservator of the patient when the patient has a guardian or conservator; or

(3) The personal representative of the patient if the patient is deceased.

C.__"Licensed clinical social worker" or "LCSW" means a person licensed under Title 32, chapter 83.

D.__"Licensed counseling professional" or "LCP" means a person licensed under Title 32, chapter 119.

E.__"Patient" means a person, couple, family or group that consults an LCP or LCSW or submits to an examination by an LCP or LCSW for the purpose of securing a diagnosis or preventive, palliative or curative treatment of the consulting person's mental or emotional condition or who submits to an examination of the person's mental or