Tag Archives: Supreme Judicial Court

Massachusetts Extends Protections for Counseling Records of Survivors of Sexual Assault

Massachusetts Extends Protections for Counseling Records of Survivors of Sexual Assault

The Massachusetts Supreme Judicial Court has ruled in In the Matter of a Motion to Compel, SJC-13336 that the Superior Court could not order a Massachusetts counseling center to turn over, at the behest of a Rhode Island court, counseling records of the alleged minor victim of a sexual assault that occurred in Rhode Island,… More

Patient Privacy Trumps Subpoena in Physician Disciplinary Action

Does the “compelling need” for patient records by a state body that oversees and regulates physicians trump the statute that protects the confidentiality of psychotherapy records?  Not in Massachusetts, according to a September 2, 2010 decision of the Supreme Judicial Court, Board of Registration in Medicine v. John Doe, No. SJC-10556.

At issue in this case were the treatment practices of a board-certified psychiatrist who specialized in “pain management.” Due to a concern that inappropriate prescriptions for pain medication were being written and that Doe himself was impaired,… More