Ch. 300 LAWS OF MARYLAND

FOR the purpose of establishing the privilege of a client to refuse to disclose and to
prevent certain witnesses from disclosing during certain proceedings
communications relating to the diagnosis or treatment of a client's mental or
emotional disorder; directing that a guardian be appointed to act for the client if
the client is incompetent to assert or waive the privilege; providing certain
exceptions; defining certain terms; and generally relating to the establishment of
privileged communications between a psychiatric-mental health nursing specialist;
or certain other persons, and a client.

BY adding to

Article - Courts and Judicial Proceedings

Section 9-109.1

Annotated Code of Maryland

(1989 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Courts and Judicial Proceedings

9-109.1.

(A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2) "CLIENT" MEANS AN INDIVIDUAL WHO COMMUNICATES
TO OR RECEIVES SERVICES FROM A PSYCHIATRIC-MENTAL HEALTH
NURSING SPECIALIST REGARDING THE DIAGNOSIS OR TREATMENT OF
THE INDIVIDUAL'S MENTAL OR EMOTIONAL DISORDER OR FROM
ANYONE UNDER DIRECT SUPERVISION OF A PSYCHIATRIC MENTAL
HEALTH NURSING SPECIALIST.

(3) "PSYCHIATRIC-MENTAL HEALTH NURSING SPECIALIST"
MEANS A REGISTERED NURSE WHO:

(I) HAS A MASTER'S DEGREE IN PSYCHIATRIC-MENTAL
HEALTH NURSING; OR

(II) HAS A BACCALAUREATE DEGREE IN NURSING AND A
MASTER'S DEGREE IN A MENTAL HEALTH FIELD; OR

(III) IS CERTIFIED AS A CLINICAL SPECIALIST IN
PSYCHIATRIC AND MENTAL HEALTH NURSING BY THE AMERICAN
NURSES' ASSOCIATION OR BY A BODY APPROVED BY THE BOARD OF

NURSING.

(4) "WITNESS"—MEANS—A PSYCHIATRIC MENTAL HEALTH
NURSING SPECIALIST OR ANYONE UNDER DIRECT SUPERVISION OF A
PSYCHIATRIC MENTAL HEALTH NURSING SPECIALIST WHO RENDERS
SERVICES TO A CLIENT REGARDING THE DIAGNOSIS OR TREATMENT OF

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