People v. Kailey

11 This suppression case presents an issue of first impression for this Court. In this original C.A.R. 21 proceeding, we examine the scope of the "psychologist-patient privilege"1 provided in section 13-90-107(1)(g), C.R.S. (2013), vis-&-vis the "duty to warn" provided in section 18-21-117(2), C.R.S. (2014)2 We hold that if a mental health treatment provider believes, using his or her professional judgment, that statements made by a patient during a therapy session threaten imminent physical violence against a specific person or persons-and accordingly trigger the provider's "duty to…