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1664
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Ch. 531
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LAWS OF MARYLAND
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(B) 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.
(C) 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) 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) THERE IS NO PRIVILEGE IN:
(1) ANY ADMINISTRATIVE OR JUDICIAL NONDELIQUENT
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.
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
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