Current through Register 1518, March 29, 2024
(1)
Types of Client Communications Protected. The
following types of client communications, information or records are
confidential:
(a) Any communication between a
social worker and a client or prospective client which occurs during a client
encounter or other professional consultation between that social worker and
that client or prospective client;
(b) Any information which is acquired from,
or revealed by, a client or prospective client during the course of any client
encounter or other professional consultation between a social worker and that
client or prospective client;
(c)
Any communication between a social worker and a third party which pertains to a
client or prospective client of that social worker, and which occurs during the
course of, or in connection with, the social worker's performance of
professional services or professional consultations for that client or
prospective client;
(d) Any
information acquired from, or revealed by, a third party which pertains to a
client or prospective client of a social worker and which is acquired or
revealed by that third party during the course of, or in connection with, the
social worker's performance of professional services or professional
consultations for that client or prospective client;
(e) Any communication or information about
whether or not a particular individual is a client or prospective client of a
social worker or has received professional services or professional
consultations from a social worker;
(f) Any communication or information about
the circumstances under which a particular client or prospective client of a
social worker became a client of that social worker or received professional
services or professional consultations from that social worker; or
(g) Any written entry, notation, record,
document, correspondence or other writing contained in any clinical treatment
record established or maintained pursuant to
258 CMR
22.02 which contains any of the types of
communications or information identified in 258 CMR 22.03(1)(a) through
(f).
(2)
General Rule. No social worker, as defined in
258 CMR 22.01,
shall disclose any of the types of client communications, information or
records protected by 258 CMR 22.03(1) without the prior written consent of that
client, or the prior written consent of someone legally authorized to give such
consent on behalf of an incompetent or minor client as set forth in 258 CMR
22.03(3), unless:
(a) Disclosure of the
client communications, information or records without the prior written consent
of the client would be authorized under
258 CMR
22.04 or
22.05;
or
(b) Disclosure of the client
communications, information or records in question has been ordered by a court
of competent jurisdiction.
(3)
Consent Required for
Disclosure Where Client is Incompetent or a Minor.
(a)
Mentally Incompetent
Client. Where the disclosure of client communications, information
or records without the prior written consent of the client is not authorized by
any provision of
258 CMR
22.04 or
22.05,
and the client or prospective client to whom the communication, information or
record pertains is not mentally competent to give legally valid consent to such
disclosure, disclosure of such client communications, information or records
shall not be made without the prior written consent of a guardian appointed by
a court of competent jurisdiction to act on behalf of that client or
prospective client.
(b)
Minor Clients.
1.
Except as provided in 258 CMR 22.03(3)(b)2. or 22.04(10)(b), disclosure of
client communications, information or records pertaining to a minor client or
prospective minor client may be made if prior written consent is obtained from
a parent or legal guardian of that minor client or prospective minor
client.
2. A client or prospective
client who is a minor may give consent to disclosure of client communications,
information or records pertaining to him or her if:
a. He or she is married, widowed or
divorced;
b. He or she is the
parent of a child, in which case he or she may also give consent to disclosure
of client communications, information or records on behalf of that
child;
c. He or she is a member of
any of the armed forces of the United States;
d. He or she is living separate and apart
from his or her parent(s) or legal guardian, and is managing his or her own
financial affairs;
e. He or she
reasonably believes that he or she is suffering from, or has come into contact
with, a disease defined as dangerous to the public health pursuant to M.G.L. c.
111, § 6 and the communications, information or records to be disclosed
pertain to the diagnosis or treatment of that disease; or
f. He or she has been determined to be a
"mature minor" by a court of competent jurisdiction.
In such event, disclosure of such client communications,
information or records shall not be made without the written consent of that
minor client.
(4)
Consent Required for
Disclosure in Case of Marital or Family Therapy. Except as
provided in
258 CMR
22.04 or
22.05,
any client communication, information or record which is protected by 258 CMR
22.03(1) and which is made to, acquired by, created by, or revealed to, a
social worker during the performance of marital or family therapy services by
that social worker, or during a professional consultation with that social
worker in contemplation of obtaining such marital or family therapy services,
shall not be disclosed without the prior written consent of each and every
adult participant in such therapy or consultation.
