Rule 503 - 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, is examined by, or is interviewed by: (A) A health care professional; (B) A mental health professional; or (C) A licensed counseling professional. (2) A "health care professional" is: (A) A person authorized to practice as a physician; (B) A licensed physician's assistant; or(C) A licensed nurse practitioner; Under Maine law, or under substantially similar law of any other state or nation, while that person is practicing the health care profession for which he or she is licensed. (3) A "mental health professional" is: (A) A health care professional 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 Maine state law or under substantially similar law of any state or nation while practicing as such; (C) A person licensed as a clinical social worker under Maine state law or under substantially similar law of any state or nation while practicing as such. (4) A "licensed counseling professional" is: (A) A "licensed professional counselor";(B) A "licensed clinical professional counselor"; (C) A "licensed marriage and family therapist" or;(D) A "licensed pastoral counselor"; Who is licensed to diagnose and treat mental health disorders, intraand inter-personal problems, or other dysfunctional behavior of a social and spiritual nature under 32 M.R.S. §13858, or under a substantially similar law of any other state or nation, while that person is practicing the counseling profession for which he or she is licensed.(5) A communication is "confidential" if it was not intended to be disclosed to any third persons, other than: (A) Those who were present to further the interests of the patient in the consultation, examination, or interview; (B) Those who were reasonably necessary to make the communication; or (C) Those who are participating in the diagnosis and/or treatment under the direction of the health care, mental health, or licensed counseling professional. This includes members of the patient's family.(b) General rule. A patient has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications made for the purpose of diagnosing or treating the patient's physical, mental, or emotional condition, including alcohol or drug addiction, between or among the patient and: (1) The patient's health care professional, mental health professional, or licensed counseling professional; and (2) Those who were participating in the diagnosis or treatment at the direction of the health care, mental health, or licensed counseling professional. This includes members of the patient's family.(c) Criminal defendant's privilege. When the court orders that the defendant's mental condition be examined in order to determine criminal responsibility, the defendant has a privilege to refuse to disclose, and to prevent others from disclosing, any communication made during that examination that concerns the offense charged. (d) Who may claim the privilege.(1) The privilege may be claimed by: (B) The patient's guardian or conservator; or (C) The patient's personal representative, if the client is deceased. (2) There is a presumption that the person who was the health care, mental health, or licensed counseling professional at the time of the communication in question has authority to claim the privilege on behalf of the patient. (e) Exceptions. The privilege for communications between a patient and a health care professional, a mental health care professional, or a licensed counseling professional is subject to the following exceptions: (1)Proceedings for hospitalization. The privilege under this rule does not apply to communications relevant to an issue in proceedings to hospitalize the patient for mental illness if the professional has determined in the course of diagnosis or treatment that the patient needs to be hospitalized.(2)Examination by order of court. If the court orders an evaluation of a patient's physical, mental, or emotional condition, whether the patient is a party or a witness, the privilege does not apply to communications made during the course of that evaluation, unless the court orders otherwise. However, a criminal defendant's communications during the course of a court-ordered evaluation or examination are still privileged to the extent provided by section (c) of this rule.(3)Condition an element of claim or defense. The privilege under this rule does not apply to communications relevant to an issue of a physical, mental, or emotional condition of the patient if: (A) The condition is an element of the patient's claim or defense; or (B) The condition is an element of the claim or defense of:(i) Any party claiming through or under the patient; (ii) Any party claiming because of the patient's condition; (iii) Any party claiming as a beneficiary of the patient; or (iv) Any party claiming through a contract to which the patient is or was a party. (4)After the patient's death. The privilege does not apply after the patient's death in any proceeding in which any party puts the patient's physical, mental, or emotional condition in issue.Adopted effective 1/1/2015.Maine Restyling Note [November 2014]
Maine Rule 503 has been restyled in accordance with the federal restyling conventions, and, as part of this process, the Committee has proposed some minor, nonsubstantive changes to clarify the Rule.
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