§ 148.89

Jerry Expose, Jr. v. Thad Wilderson & Associates, P.A., Nina Mattson · 2017 1 citation

+ 1 more citation in this opinion.

Jerry Expose, Jr. v. Thad Wilderson & Associates, P.A., Nina Mattson · 2016 1 citation

+ 1 more citation in this opinion.

Jerry Expose, Jr. v. Thad Wilderson & Associates, P. A., Nina Mattson · 2015 4 citations

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State of Minnesota v. Jerry Expose, Jr. · 2014 2 citations

The testimonial privilege applies to “[a] registered nurse, psychologist, consulting psychologist, or licensed social worker engaged in a psychological or social assessment or treatment of an individual.” Minn. Stat. § 595.02, subd. 1(g). The section does not define “psychologist,” and unlike the duty-to-warn statute, the testimonial privilege does not specifically include a licensing requirement. 3 Construing “psychologist” according to its “most natural and obvious usage,” see Amaral v. Saint Cloud Hosp., 598 N.W.2d 379, 384 (Minn.1999), we note that the dictionary defines the term as “[a] person trained and educated to perform psychological research, testing, and therapy.” The American Heritage Dictionary 1125 (4th ed.2007). In addition, the term “psychological treatment” is best construed in harmony with Minnesota law that defines the “practice of psychology.” See Minn. Stat. § 148.89, subd. 5 (2012). The practice of psychology includes, among other things, “counseling ... and ... treatment of: (i) mental and emotional disorder or disability; ... (iii) disorders of habit or conduct; ... [and] (vi) child, family, or relationship issues-” Id., subd. 5(4)(i), (iii), (vi).

The testimonial privilege applies to “[a] registered nurse, psychologist, consulting psychologist, or licensed social worker engaged in a psychological or social assessment or treatment of an individual.” Minn. Stat. § 595.02, subd. 1(g). The section does not define “psychologist,” and unlike the duty-to-warn statute, the testimonial privilege does not specifically include a licensing requirement. 3 Construing “psychologist” according to its “most natural and obvious usage,” see Amaral v. Saint Cloud Hosp., 598 N.W.2d 379, 384 (Minn.1999), we note that the dictionary defines the term as “[a] person trained and educated to perform psychological research, testing, and therapy.” The American Heritage Dictionary 1125 (4th ed.2007). In addition, the term “psychological treatment” is best construed in harmony with Minnesota law that defines the “practice of psychology.” See Minn. Stat. § 148.89, subd. 5 (2012). The practice of psychology includes, among other things, “counseling ... and ... treatment of: (i) mental and emotional disorder or disability; ... (iii) disorders of habit or conduct; ... [and] (vi) child, family, or relationship issues-” Id., subd. 5(4)(i), (iii), (vi).