§ 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.

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