Mass. Guid. Evid. 508
Subsection (a). This subsection is taken nearly verbatim from G. L. c. 112, § 163. General Laws c. 112, § 165, outlines license eligibility. A licensed educational psychologist must also be certified as a school psychologist by the Massachusetts Department of Education. G. L. c. 112, § 163.
Subsections (b) and (c). These subsections are taken nearly verbatim from G. L. c. 112, § 172. See Commonwealth v. Vega, 449 Mass. 227, 231 (2007) (the statute creates an evidentiary privilege as well as a confidentiality rule).
These subsections do not prohibit a third-party reimburser from inspecting and copying any records relating to diagnosis, treatment, or other services provided to any person for which coverage, benefit, or reimbursement is claimed, so long as access occurs in the ordinary course of business and the policy or certificate under which the claim is made provides that such access is permitted. G. L. c. 112, § 172. Further, this section does not apply to access to such records pursuant to any peer review or utilization review procedures applied and implemented in good faith. G. L. c. 112, § 172.
Subsection (d). This subsection is taken nearly verbatim from G. L. c. 112, § 172A. General Laws c. 112, § 172A, deals with the evidentiary privilege held by clients of mental health providers in court proceedings, while G. L. c. 112, § 172, deals with the confidentiality requirement adhered to by mental health providers. The confidentiality requirement need not be invoked by the client to be in effect, but it can be waived under certain circumstances covered in G. L. c. 112, § 172.
General Laws c. 119, § 23(a)(3), deals with children who are without proper care due to the death or incapacity, unfitness, or unavailability of a parent or guardian. General Laws c. 119, § 24, involves petitions and testimony regarding abuse or neglect of children. General Laws c. 210, § 3, involves petitions for adoption. General Laws c. 119, § 51B, involves investigations regarding the abuse or neglect of children.
In the absence of a court order, a warning in accordance with Commonwealth v. Lamb, 365 Mass. 265, 270 (1974), is not required where the examiner is a diagnosing or treating psychotherapist of a patient involuntarily committed to a mental health facility pursuant to G. L. c. 123, § 12(b). Walden Behavioral Care v. K.I., 471 Mass. 150, 154 (2015). Contrast Department of Youth Servs. v. A Juvenile, 398 Mass. 516, 524-526 (1986) ( Lamb warning required when department ordered psychiatrist to interview juvenile in its custody).
Cross-Reference: Section 503(d)(2), Psychotherapist-Patient Privilege: Exceptions: Court-Ordered Psychiatric Exam.
Subsection (e). This subsection is derived from Commonwealth v. Dwyer, 448 Mass. 122, 145-146 (2006) (establishing protocol in criminal cases governing access to and use of material covered by statutory privilege). See Introductory Note to Article V, Privileges and Disqualifications.