State v. Berberich

The opinion of the court was delivered by

Abbott, J.:

This is an interlocutory appeal by the State pursuant to K.S.A. 22-3603 from the trial court’s order that statements made by defendant Thomas R. Berberich to Dr. Don Strong, a counselor, were privileged pursuant to K.S.A. 74-5323.

The issue is simple. The answer is complex. Dr. Strong was not a licensed counselor when the alleged statements by Berberich were made. By statute, confidential relations and communications between a licensed professional counselor and a counselor’s clients are privileged. However, K.S.A. 1998 Supp. 65-5810 states…