Mental Health Privilege & Maryland Divorce Blog Law Series – Part 8
FAQ 2 about Waiver of Mental Health Privilege & Maryland Divorce:
Is waiver forever?
No. Davis v. Petito, 187 Md.App. 487 (2011), sheds some light:
- The court may not retroactively revoke privilege
- Privilege may be revoked from “now” and going forward
- Privilege waiver may end when the trial/case concludes, if not revoked before
Helped by In re BL3 (Md.App., No. 703, September Term 2017, Unreported (January 19, 2018); predates Rule 1-104):
- A signed waiver for one purpose (such as releasing records to CPS) operates as a waiver in the litigation until revoked
Takeaways
- Revoke privilege at the latest when the trial is done / settlement is reached
- Put revocation in writing
- Share the revocation with current mental health providers, so they are aware
