PARRIS N. GLENDENING, Governor

Ch. 587

diagnosis or treatment of the client's mental or emotional disorder in certain
proceedings; providing certain exceptions; defining a certain term; and generally
relating to the privileged communication between patient client and professional
counselor.

BY repealing and reenacting, with amendments,
Article - Courts and Judicial Proceedings
Section 9-109.1
Annotated Code of Maryland
(1989 Replacement Volume and 1994 Supplement)

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 OR A PROFESSIONAL COUNSELOR
regarding the diagnosis or treatment of the individual's mental or emotional disorder.

(3)     "PROFESSIONAL COUNSELOR" MEANS AN INDIVIDUAL WHO IS
CERTIFIED AS A COUNSELOR UNDER TITLE 17 OF THE HEALTH OCCUPATIONS
ARTICLE.

[(3)] (4) "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.

(b)     Unless otherwise provided, in any judicial, legislative, or administrative
proceeding, a client or a client's authorized representative has a privilege to refuse to
disclose, and to prevent a witness from disclosing, communications relating to diagnosis
or treatment of the client's mental or emotional disorder.

(c)     (1) If a client is incompetent to assert or waive this privilege, a guardian
shall be appointed and shall act for the client.

(2) A guardian appointed before the proceeding has the authority to act for
the client.

(d)     There is no privilege if:

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