Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Paragraph (1) of section 5 of chapter 19C of the General Laws, as appearing in the 1992 Official Edition, is hereby amended by adding the following three paragraphs:-

If requested in writing by the commission or by any agency it designates, any mandated reporter required to make a report pursuant to section ten, shall disclose such documents relevant to any investigation being conducted pursuant to this chapter to the department or to the agency. For the purposes of this section the word "documents" shall include, but not be limited to, any records, charts, reports, reviews, assessments, papers, correspondence and any other data or material.

Any privilege created by statute or common law relating to confidential communications or any statute prohibiting the disclosure of information shall neither preclude the disclosure of such documents to the commission or its designated agency nor prevent the admission of such documents in any civil or disciplinary proceeding arising out of the alleged abuse or neglect of the disabled person; provided, however, that absent the written consent of an individual to whom the requested documents relate, any information which is protected by the attorney-client privilege, the psychotherapist-client privilege, or the clergy-penitent privilege shall not be subject to such disclosure.

Any party required to provide documents in compliance with the provisions of this section shall not be liable in any civil or criminal action for providing such documents to the commission or any designated agency.