Section 209.339

Title XII PUBLIC HEALTH AND WELFARE

Chapter 209

Effective - 28 Aug 1994   

  209.339.  Conversation between a hearing person and a deaf person, interpreter is deemed a conduit, confidentiality, exceptions. — 1.  A person who interprets a conversation between a person who can hear and a deaf person is deemed a conduit for the conversation and may not disclose or be compelled to disclose by subpoena, the contents of the conversation which he facilitated without the prior consent of the person who received his professional services, except as provided in subsections 2 to 4 of this section.

  2.  A court may order disclosure of the contents of a conversation to provide evidence in proceedings related to criminal charges.  However, all communications, which are privileged by law, shall be protected as privileged communications in the same manner when an interpreter is used.

  3.  The prohibition on disclosure of the contents of a conversation does not apply in any investigation, hearing or other proceeding to determine whether, and to what extent, a licensee should be disciplined.  In addition no such licensee may withhold records or testimony bearing upon whether, and to what extent, a licensee should be disciplined, on the ground of not being permitted to disclose the contents of a conversation.

  4.  A person, whether or not a licensed interpreter, is not prohibited from disclosing, and may not refuse to disclose, the contents of a conversation in any proceeding related to allegations that the person has practiced interpreting without a license.

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(L. 1994 S.B. 568 § 19)