Confidentiality of Client Communications and Records - General Rule

(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.