November 1, 2019

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Ryley Carlock & Applewhite Shareholder Publishes EAP Privilege Article

Ryley Carlock & Applewhite Shareholder Mike Moberly’s article, “Instilling Confidence by Preserving Confidences: An Examination of the Gradually Emerging EAP Privilege,” was published in the 2019 issue of the Journal of Health & Biomedical Law. The article discusses the potential extension of the widely recognized psychotherapist-patient privilege to encompass an employee’s confidential communications with an unlicensed Employee Assistance Program, or “EAP,” counselor. The article also discusses several potential exceptions to the privilege, and ultimately concludes that the courts should recognize a broad EAP privilege subject to few if any exceptions in order to assure employees of the confidentiality essential to effective counseling.

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