Section 20B. The following words as used in this section shall have the following meanings:—
''Patient'', a person who, during the course of diagnosis or treatment, communicates with a psychotherapist;
''Psychotherapist'', a person licensed to practice medicine, who devotes a substantial portion of his time to the practice of psychiatry. ''Psychotherapist'' shall also include a person who is licensed as a psychologist by the board of registration of psychologists; a graduate of, or student enrolled in, a doctoral degree program in psychology at a recognized educational institution as that term is defined in section 118, who is working under the supervision of a licensed psychologist; or a person who is a registered nurse licensed by the board of registration in nursing whose certificate of registration has been endorsed authorizing the practice of professional nursing in an expanded role as a psychiatric nurse mental health clinical specialist, pursuant to the provisions of section eighty B of chapter one hundred and twelve.
''Communications'' includes conversations, correspondence, actions and occurrences relating to diagnosis or treatment before, during or after institutionalization, regardless of the patient's awareness of such conversations, correspondence, actions and occurrences, and any records, memoranda or notes of the foregoing.
Except as hereinafter provided, in any court proceeding and in any proceeding preliminary thereto and in legislative and administrative proceedings, a patient shall have the privilege of refusing to disclose, and of preventing a witness from disclosing, any communication, wherever made, between said patient and a psychotherapist relative to the diagnosis or treatment of the patient's mental or emotional condition. This privilege shall apply to patients engaged with a psychotherapist in marital therapy, family therapy, or consultation in contemplation of such therapy.
If a patient is incompetent to exercise or waive such privilege, a guardian shall be appointed to act in his behalf under this section. A previously appointed guardian shall be authorized to so act.
Upon the exercise of the privilege granted by this section, the judge or presiding officer shall instruct the jury that no adverse inference may be drawn therefrom.
The privilege granted hereunder shall not apply to any of the following communications:—
(a) If a psychotherapist, in the course of his diagnosis or treatment of the patient, determines that the patient is in need of treatment in a hospital for mental or emotional illness or that there is a threat of imminently dangerous activity by the patient against himself or another person, and on the basis of such determination discloses such communication either for the purpose of placing or retaining the patient in such hospital, provided however that the provisions of this section shall continue in effect after the patient is in said hospital, or placing the patient under arrest or under the supervision of law enforcement authorities.
(b) If a judge finds that the patient, after having been informed that the communications would not be privileged, has made communications to a psychotherapist in the course of a psychiatric examination ordered by the court, provided that such communications shall be admissible only on issues involving the patient's mental or emotional condition but not as a confession or admission of guilt.
(c) In any proceeding, except one involving child custody, adoption or adoption consent, in which the patient introduces his mental or emotional condition as an element of his claim or defense, and the judge or presiding officer finds that it is more important to the interests of justice that the communication be disclosed than that the relationship between patient and psychotherapist be protected.
(d) In any proceeding after the death of a patient in which his mental or emotional condition is introduced by any party claiming or defending through or as a beneficiary of the patient as an element of the claim or defense, and the judge or presiding officer finds that it is more important to the interests of justice that the communication be disclosed than that the relationship between patient and psychotherapist be protected.
(e) In any case involving child custody, adoption or the dispensing with the need for consent to adoption in which, upon a hearing in chambers, the judge, in the exercise of his discretion, determines that the psychotherapist has evidence bearing significantly on the patient's ability to provide suitable care or custody, and that it is more important to the welfare of the child that the communication be disclosed than that the relationship between patient and psychotherapist be protected; provided, however, that in such cases of adoption or the dispensing with the need for consent to adoption, a judge shall determine that the patient has been informed that such communication would not be privileged.
(f) In any proceeding brought by the patient against the psychotherapist, and in any malpractice, criminal or license revocation proceeding, in which disclosure is necessary or relevant to the claim or defense of the psychotherapist.
The provision of information acquired by a psychotherapist relative to the diagnosis or treatment of a patient's emotional condition, to any insurance company, nonprofit hospital service corporation, medical service corporation, or health maintenance organization, or to a board established pursuant to section twelve of chapter one hundred and seventy-six B, pertaining to the administration or provision of benefits, including utilization review or peer review, for expenses arising from the out-patient diagnosis or treatment, or both, of mental or nervous conditions, shall not constitute a waiver or breach of any right to which said patient is otherwise entitled under this section and section thirty-six B of chapter one hundred and twenty-three.
Structure Massachusetts General Laws
Part III - Courts, Judicial Officers and Proceedings in Civil Cases
Title II - Actions and Proceedings Therein
Chapter 233 - Witnesses and Evidence
Section 1 - Issuance of Summonses for Witnesses
Section 2 - Service of Summons
Section 3 - Witness Fees; Payment or Tender
Section 3a - Representation of Commissioner of Banks
Section 4 - Liability for Nonattendance
Section 5 - Penalty for Nonattendance; Contempt
Section 6 - Warrant for Nonattending Witness
Section 7 - Witnesses Before Executive Council
Section 8 - Bodies Authorized to Summon Witnesses; Oath
Section 9 - Warrant for Witness Failing to Attend Before Nonjudicial Tribunal
Section 10 - Enforcing Attendance Before Nonjudicial Tribunal
Section 11 - Requiring Testimony
Section 12 - Summons for Attendance at Criminal Trial Outside State
Section 13 - Penalty for Nonattendance Outside State
Section 13a - Attendance of Witnesses Outside State; Hearing and Summons; Failure to Attend
Section 13b - Attendance of Witness From Another State; Fees; Failure to Attend
Section 13c - Exemption From Arrest and Process of Witnesses From Outside State
Section 13d - Short Title; Construction of Law
Section 14 - Persons Authorized to Administer Oaths
Section 15 - Mode of Administering Oaths
Section 16 - Mode Requested by Affiant
Section 17 - Affirmation by Quakers
Section 18 - Affirmation for Reasons of Conscience
Section 19 - Oaths of Non–christians
Section 20 - Competency of Witnesses; Husband and Wife; Criminal Defendant; Parent and Child
Section 20a - Privileged Communications; Communications With Clergymen
Section 20b - Privileged Communications; Patients and Psychotherapists; Exceptions
Section 20c - Immunity From Prosecution; Privilege Against Self-Incrimination
Section 20d - Crimes Subject to Immunity
Section 20h - Contempt of Court; Punishment; Appeal
Section 20k - Domestic Violence Victims' Counselors; Confidential Communications
Section 20l - Confidentiality of Domestic Violence Victims' Program and Rape Crisis Center Locations
Section 21 - Proof of Conviction of Crime to Affect Credibility
Section 21a - Evidence of Reputation
Section 21b - Evidence of Sex Crime Victim's Sexual Conduct; Admission Hearing; Findings
Section 22 - Cross-Examination of Adverse Party; Corporation's Agent as Adverse Party
Section 23 - Impeachment of Party's Own Witness
Section 23a - Admissibility of Written or Recorded Statements of Party to Personal Injury Action
Section 23b - Accused; Statements Made While Undergoing Psychiatric Examination; Admissibility
Section 23f - Admissibility of Past Physical, Sexual or Psychological Abuse of Defendant
Section 24 - Depositions in Civil Cases Authorized
Section 24a - Medical Witnesses
Section 25 - Grounds for Deposition
Section 26 - Notice of Taking Deposition
Section 27 - Persons on Whom Notice May Be Served
Section 29 - Verbal Notice; Waiver of Notice, Etc.
Section 30 - Oath and Examination of Deponent
Section 31 - Order of Examination
Section 32 - Mode of Taking Deposition
Section 33 - Certification of Deposition
Section 34 - Delivery and Preservation of Deposition
Section 35 - Exclusion of Deposition
Section 36 - Objections to Deposition
Section 37 - Use of Deposition in Second Action
Section 38 - Compelling Giving of Deposition; Place
Section 39 - Place of Taking Deposition of Nonresident Found Within Commonwealth
Section 40 - Rules for Taking Depositions
Section 41 - Taking Deposition Outside Commonwealth
Section 42 - Written Interrogatories; Notice to Adverse Party; Production of Documents
Section 43 - Rules for Taking Depositions Outside of Commonwealth
Section 44 - Foreign Depositions Obtained Contrary to Statute
Section 45 - Deposition for Use in Another State
Section 46 - Application to Take Deposition to Perpetuate Testimony
Section 47 - Notice of Taking Deposition; Compelling Testimony
Section 48 - Objections to Taking Deposition; Procedure
Section 49 - Mode of Taking Deposition
Section 50 - Recording Deposition
Section 51 - Use of Deposition in Action
Section 52 - Perpetuation of Testimony of Nonresidents
Section 53 - Application to Perpetuate Testimony of Nonresidents
Section 54 - Notice of Taking Deposition
Section 55 - Issuance of Commission
Section 56 - Written Interrogatories
Section 57 - Rules for Perpetuation of Testimony of Witnesses Without Commonwealth
Section 58 - Use of Deposition
Section 59 - Perpetuation of Testimony for Use Against All Persons
Section 60 - Application for Deposition
Section 61 - Naming Persons Interested; Notice of Taking Deposition
Section 62 - Recording Deposition
Section 63 - Use of Deposition Against Any Person
Section 64 - Admissibility of Dying Declaration of Woman
Section 65 - Admissibility of Declaration of Decedent
Section 65a - Admissibility of Deceased Party's Answers to Interrogatories
Section 66 - Evidence in Actions Against an Executor or Administrator
Section 67 - Evidence in Equity
Section 68 - Proof of Signature to Attested Instrument
Section 69 - Records of Courts of Other States or United States
Section 70 - Judicial Notice of Foreign Law
Section 73 - Foreign Oaths and Affidavits
Section 74 - Evidence of Acts of Incorporation
Section 75 - Admissibility of Printed Copies of Acts of Legislative and Administrative Bodies
Section 76 - Admissibility of Authenticated Records of Governmental Departments
Section 76a - Authenticated Copies of Documents Filed With Securities and Exchange Commission
Section 77 - Authenticated Copies of Records of Banks and Trust Companies
Section 78 - Entry, Writing or Record Made in Regular Course of Business; Impeachment
Section 79a - Certified Copies of Public and Private Records
Section 79b - Fact Statements Published for Persons in Particular Occupation
Section 79c - Statements of Fact or Opinion in Scientific Publication; Notice of Intention to Use
Section 79d - Photographic Copies of Newspaper in Library; Prints From Photographic Films
Section 79e - Reproductions of Public or Business Records
Section 79f - Proof of Public Way
Section 79g - Medical and Hospital Services; Evidence
Section 79k - Duplicate of Computer Data File or Program File; Admissibility
Section 80 - Transcripts From Stenographic Notes
Section 81 - Criminal Proceedings; Out-of-Court Statements Describing Sexual Contact; Admissibility
Section 82 - Civil Proceedings; Out-of-Court Statements Describing Sexual Contact; Admissibility
Section 83 - Custody Hearings; Out-of-Court Statements Describing Sexual Contact; Admissibility