§ Rule503 Health Care Professional, Mental Health Professional, and Licensed Counseling Professional-Patient Privilege

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Rule503. Health Care Professional, Mental Health Professional, and Licensed Counseling Professional--Patient Privilege

    (a) Definitions. As used in this rule:

        (1) A “patient” is a person who consults or is examined or interviewed by a health care professional, a mental health professional, or a licensed counseling professional.

        (2) A “health care professional” is (A) a person authorized to practice as a physician; (B) a person licensed as a physician's assistant; or (C) a licensed nurse practitioner, under the laws of the State of Maine or under substantially similar laws of any other state or nation, while engaged in the practice of the health care profession for which he or she is licensed.

        (3) A “mental health professional” is (A) a health care professional while engaged in the diagnosis or treatment of a mental or emotional condition, including alcohol or drug addiction; (B) a person licensed or certified as a psychologist or psychological examiner under the laws of the State of Maine or under substantially similar laws of any state or nation, while similarly engaged; or (C) a person licensed as a clinical social worker, under the laws of the State of Maine or under substantially similar laws of any other state or nation, while similarly engaged.

        (4) A “licensed counseling professional” is (A) “licensed professional counselor;” (B) a “licensed clinical professional counselor;” (C) a “licensed marriage and family therapist;” or (D) a “licensed pastoral counselor” licensed to diagnose and treat mental health disorders, intra-personal and interpersonal problems or other dysfunctional behavior of a social and spiritual nature under 32 M.R.S. § 13858 or under substantially similar laws of any other state or nation, while so engaged.

        (5) A communication is “confidential” if not intended to be disclosed to third persons other than those present to further the interest of the patient in the consultation, examination, or interview, or persons reasonably necessary for the transmission of the communication, or persons who are participating in the diagnosis and treatment under the direction of the health care professional, mental health professional, or licensed counseling professional, including members of the patient's family.

    (b) General rule of privilege. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of diagnosis or treatment of the patient's physical, mental or emotional condition, including alcohol or drug addiction, among the patient, the patient's health care professional, mental health professional, or licensed counseling professional, and persons who are participating in the diagnosis or treatment under the direction of said professionals, including members of the patient's family.

    (c) Privilege of accused. When an examination of the mental condition of an accused in a criminal proceeding is ordered by the court for the purpose of determining criminal responsibility, the accused has a privilege to refuse to disclose and to prevent any other person from disclosing any communication concerning the offense charged, made in the course of the examination.

    (d) Who may claim the privilege. The privilege may be claimed by the patient, by the patient's guardian or conservator, or by the personal representative of a deceased patient. The person who was the health care professional, mental health professional, or licensed counseling professional at the time of the communication
is presumed to have authority to claim the privilege but only on behalf of the patient.

    (e) Exceptions.

        (1) Proceedings for hospitalization. There is no privilege under this rule for communications relevant to an issue in proceedings to hospitalize the patient for mental illness, if the health care professional, mental health professional, or licensed counseling professional in the course of diagnosis or treatment has determined that the patient is in need of hospitalization.

        (2) Examination by order of court. Except as otherwise provided in subdivision (c), if the court orders an examination of the physical, mental or emotional condition of a patient, whether a party or a witness, communications made in the course thereof are not privileged under this rule with respect to the particular purpose for which the examination is ordered unless the court orders otherwise.

        (3) Condition an element of claim or defense. There is no privilege under this rule as to communications relevant to an issue of the physical, mental or emotional condition of the patient in any proceeding in which the condition of the patient is an element of the claim or defense of the patient, or of any party claiming, through or under the patient or because of the patient's condition, or claiming as a beneficiary of the patient, through a contract to which the patient is or was a party, or after the patient's death, in any proceeding in which any party puts the condition in issue.