Massachusetts General Laws
Chapter 233 - Witnesses and Evidence
Section 20b - Privileged Communications; Patients and Psychotherapists; Exceptions

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

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 20e - Application for Witness Immunity by Attorney General or District Attorney; Hearing; Representation of Witness; Notice or Waiver; Transcript

Section 20g - Scope of Immunity; Copies of Transcript of Testimony Compelled and Documents Furnished; Availability to Witness

Section 20h - Contempt of Court; Punishment; Appeal

Section 20i - Necessity of Corroborating Testimony Of, or Evidence Produced By, Person Granted Immunity

Section 20j - Sexual Assault; Confidential Communications With Sexual Assault Counsellor; Disclosure; Discovery

Section 20k - Domestic Violence Victims' Counselors; Confidential Communications

Section 20l - Confidentiality of Domestic Violence Victims' Program and Rape Crisis Center Locations

Section 20m - Disclosure of Confidential Communication Regarding Human Trafficking Victim by Caseworker

Section 20n - Disclosure of Home Address or Personal Telephone Number of Social Worker Employed by the Department of Children and Families; Service of Process, Summons or Subpoena Upon Social Worker; State-Issued Identification Cards

Section 20o - Crisis Intervention Services for Emergency Service Provider; Confidentiality of Information

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 23c - Work Product of Mediator Confidential; Confidential Communications; Exception; Mediator Defined

Section 23d - Admissibility of Benevolent Statements, Writings or Gestures Relating to Accident Victims

Section 23e - Alternative Procedure for Determining Competency of Witnesses With an Intellectual Disability

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 28 - Mode of Service

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 76b - Printed Copies of Schedules, Classifications and Tariffs Filed With Interstate Commerce Commission

Section 77 - Authenticated Copies of Records of Banks and Trust Companies

Section 77a - Bank Account Statement Together With Legible Copy of Check; Prima Facie Proof of Payment

Section 78 - Entry, Writing or Record Made in Regular Course of Business; Impeachment

Section 79 - Records and Copies of Records of Hospitals and Certain Institutions; Admissibility in Evidence

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 79h - Tort Actions for Personal Injuries or Death; Admissibility of Reports of Deceased Physicians

Section 79i - Actions to Recover From Insurer for Theft of Personal Property From Motor Vehicle or Trailer; Prima Facie Evidence of Forcible Entry Into Vehicle

Section 79j - Business Records Required to Be Produced in Court; Certification, Admissibility and Inspection; Copies

Section 79k - Duplicate of Computer Data File or Program File; Admissibility

Section 79l - Statements or Conduct Expressing Regret, Apology, Condolence by Health Care Provider; 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