Ch. 588                                    1995 LAWS OF MARYLAND

(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 that there will be no
privilege, makes communications in the course of an examination ordered by the court
and the issue at trial involves the client's mental or emotional disorder;

(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, the authorized representative of the client, or the personal
representative of the client makes a claim against the psychiatric-mental health nursing
specialist OR THE PROFESSIONAL COUNSELOR 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 the
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 nondelinquent juvenile proceeding;

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

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

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

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

Approved May 25, 1995.

CHAPTER 588
(House Bill 1171)

AN ACT concerning

Ethics - Financial Disclosure - Attribution of Blind Trusts

FOR the purpose of amending the Public Ethics Law with regard to financial disclosure

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