Section 9-121 - Communications between licensed social worker and client. - Maryland Statutes

§ 9-121. Communications between licensed social worker and client.
 

(a)  Definitions.-  

(1) In this section the following words have the meanings indicated. 

(2) "Client" means a person who communicates to or receives services from a licensed certified social worker regarding his mental or emotional condition, or from any other person participating directly or vitally with a licensed certified social worker in rendering those services, in consultation with or under direct supervision of a licensed certified social worker. 

(3) "Licensed certified social worker" means any person licensed as a certified social worker under Title 19 of the Health Occupations Article. 

(4) "Witness" means a licensed certified social worker or any other person participating directly or vitally with a licensed certified social worker in rendering services to a client, in consultation with or under direct supervision of a licensed certified social worker. 

(b)  Privilege established.- Unless otherwise provided, in all judicial or administrative proceedings, a client has a privilege to refuse to disclose, and to prevent a witness from disclosing, communications made while the client was receiving counseling or any information that by its nature would show that such counseling occurred. 

(c)  Incompetency of client.- If a client is incompetent to assert or waive this privilege, a guardian shall be appointed and shall act for the client. A previously appointed guardian has the same authority. 

(d)  Privilege inapplicable in certain circumstances.- There is no privilege if: 

(1) A disclosure is necessary for the purpose of placing the client in a facility for mental illness; 

(2) A judge finds that the client, after being informed there will be no privilege, makes communications in the course of an examination ordered by the court; 

(3) In a civil or criminal proceeding: 

(i) The client introduces the client's mental condition as an element of the claim or defense; or 

(ii) After the client's death, the client's mental condition is introduced by any party claiming or defending through or as a beneficiary of the client; 

(4) The client or the personal representative of the client makes a claim against the licensed certified social worker for malpractice; or 

(5) The client expressly consents to waive the privilege, or in the case of death or disability, the client's personal representative waives the privilege for purpose of making a claim or bringing suit on a policy of insurance on life, health, or physical condition. 

(e)  Privilege inapplicable in certain proceedings.- There is no privilege in: 

(1) Any administrative or judicial nondelinquent juvenile proceeding; 

(2) Any guardianship and adoption proceeding initiated by a child placement agency; 

(3) Any guardianship and protective services proceeding concerning disabled persons; or 

(4) Any criminal or delinquency proceeding in which there is a charge of child abuse or neglect or which arises out of an investigation of suspected child abuse or neglect. 
 

[1983, ch. 531; 1990, ch. 6, § 11; 1999, ch. 34, § 1; 2000, ch. 270, § 2; 2006, ch. 44, § 6.]