e 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. (Added to NRS by 1987, 555) 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 himself, his 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 his 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. His 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 he 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 client or the minor children of his 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) 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 himself, his 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, his 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. His 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 client or the minor children of his client. 3. If the communication is relevant to an issue of breach of duty by the social worker to his client or by the client to his 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)

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