HOUSE DOCKET, NO. 1156        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1511

The Commonwealth of Massachusetts

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PRESENTED BY:

Joan Meschino

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to privileged communications.

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PETITION OF:

HOUSE DOCKET, NO. 1156        FILED ON: 1/15/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1511

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to privileged communications.

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

SECTION 1. Section 15 of chapter 19A of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding at the end thereof the following subsection:-

(g) This section shall not apply to a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the information that provides reasonable cause for the person to believe that an elderly person is suffering from or has suffered from abuse became known to the person in connection with his or her retention by the attorney or his or her employment by the legal service provider.

SECTION 2. Section 1 of chapter 19C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “condition.”, in line33, the following:-

A “mandated reporter” shall not include a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the person becomes aware of a reportable condition in connection with his or her retention by the attorney or his or her employment by a legal service provider.

SECTION 3. Section 10 of said chapter 19C, as appearing in the 2014 Official Edition, is hereby amended by adding at the end thereof the following:-

This section shall not apply to a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the person becomes aware of a reportable condition in connection with his or her retention by the attorney or his or her employment by a legal service provider or if the information that provides reasonable cause for the person to believe that a disabled person is suffering from or has suffered from abuse became known to the person in connection with his or her retention by the attorney or his or her employment by a legal service provider. Notwithstanding subsection (b) of section 3, the commission may not promulgate rules or regulations to require such a person to notify the commission of such reportable condition or abuse.

SECTION 4. Section 72G of chapter 111 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding at the end thereof the following:-

This section shall not apply to a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the information that provides reasonable cause for the person to believe that a patient or resident has been abused, mistreated, or neglected or has had property misappropriated became known to the person in connection with his or her retention by the attorney or his or her employment by a legal service provider.

SECTION 5. Section 21 of chapter 119 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word “advocate.”, in line 74, the following:-

A “mandated reporter” shall not include a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the facts that provide reasonable cause for the person to believe that a child is suffering physical or emotional injury under the circumstances described in section 51A(a) became known to the person in connection with his or her retention by the attorney or his or her employment by a legal service provider.

SECTION 6. Section 51A of chapter 119 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding at the end thereof the following subsection:-

(l) This section shall not apply to a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the information that provides reasonable cause for the person to believe that a child is suffering or has suffered physical or emotional injury under the circumstances described in subsection (a) became known to the person in connection with his or her retention by the attorney or his or her employment by a legal service provider. No board of registration created under chapter 13 may require such a person with such knowledge to make a report of the type described in subsection (a) as a condition of registration or impose discipline on such a person under section 61 of chapter 112 for failing to make such a report.

SECTION 7. Section 51B of chapter 119 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out subsection (m) and inserting in place thereof the following:-

(m) Notwithstanding any privilege created by statute or common law relating to confidential communications or any statute prohibiting the disclosure of information but subject to subsection (j) and to subsection (s) of section 51A, a mandated reporter shall answer questions and provide information posed by the department relating to an investigation conducted under this section, whether or not that person filed the 51A report being investigated. A statutory or common law privilege shall not preclude the admission of any such information, other than information described in subsection (s), in any civil proceeding concerning abuse or neglect of a child, placement or custody of a child.

SECTION 8. Said section 51B of said chapter 119, as so appearing, is hereby further amended by adding at the end thereof the following subsection:-

(s) This section shall not apply to a person who is retained by an attorney to assist the attorney in his or her representation of an individual client or employed by a legal service provider to assist its attorneys in their representation of individual clients if the information that provides reasonable cause for the person to believe that a child is suffering or has suffered physical or emotional injury under the circumstances described in subsection (a) became known to the person in connection with his or her retention by the attorney or his or her employment by a legal service provider.