Idaho State Statutes - Idaho Attorney Directory

(1) As used in this section:
(a) "Provider" means any professional licensed under the laws of this
state whose communications with clients or patients are subject to any
requirement of confidentiality or privilege pursuant to the laws,
regulations, or rules of court of this state and who provides professional
services to employee assistance program participants.
(b) "Participants" means employees eligible to participate in an employee
assistance program and all others eligible to participate in an employee
assistance program by virtue of their relationship to an employee.
(c) "Employee assistance program" means a program established by an
employer for the benefit and convenience of its employees pursuant to
which participants access the professional services of one (1) or more
providers regardless of who is responsible for the payment of any fees
charged for such services, and regardless of the type of employment or
business relationship, if any, that the employer has with the providers
involved.
(2) No provider shall disclose to an employer, and no employer shall be
entitled to obtain disclosure of, a communication from a participant that is
privileged from disclosure, or required to be kept confidential by a provider,
under the laws, regulations or rules of court of this state. No employer shall
be held liable in any degree on the basis of any communication between a
participant and a provider unless the employer actually knew, or should have
known, of the information communicated before the alleged breach of duty or
harm occurred. The nature of the employment or business relationship between
the employer and the provider shall not be a consideration in determining
whether an employer actually knew of the information communicated between a
participant and a provider.
(3) No participant shall be required to waive the confidential or
privileged nature of any communication as a condition of participating in an
employee assistance program, but this subsection shall not apply to an
employer's referral of an employee to a provider which is a condition of the
employee's continued employment.

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