§ 14-307 — Confidential information.

District of Columbia § 14-307

• Jurisdiction: District of Columbia
• Title 14: Proof. [Enacted title]
• Ch. 3: Competency of Witnesses.

Text

(a) For the purposes of this section, the term:

(1) "Health care benefit program" means any public or private plan or contract under which a medical benefit, item, or service is or may be provided to an individual, and includes an individual or entity who provides a medical benefit, item, or service for which payment may be made under the plan or contract.

(2) "Injury" includes:

(A) Physical damage to the body;

(B) A sexual act prohibited by Chapter 30 of Title 22 ; and

(C) Sexual contact prohibited by Chapter 30 of Title 22 .

(b) In the Federal courts in the District of Columbia and District of Columbia courts, the following individuals shall not be permitted, without the written consent of their client or of the client's legal representative, to disclose any confidential information that the individual has acquired in attending the client in a professional capacity and that was necessary to enable the individual to act in that capacity, whether the information was obtained from the client, the client's family, or the person or persons in charge of the client:

(1) Physicians;

(2) Surgeons;

(3) Mental health professionals, as that term is defined in § 7-1201.01(11) ;

(4) Domestic violence counselors, as that term is defined in § 14-310(a)(2) ;

(5) Human trafficking counselors, as that term is defined in § 14-311(a)(2) ;

(6) Sexual assault counselors, as that term is defined in § 23-1907(10) ;

(7) HVIP members, as that term is defined in § 14-313(a)(4) ; and

(8) Crime victim counselors, as that term is defined in § 14-314(a)(4) .

(c) This section shall not apply to evidence:

(1) In a grand jury, criminal, delinquency, family, or domestic violence proceeding, where:

(A) A person is targeted for or charged with causing the death of or injuring a human being, or with attempting or threatening to kill or injure a human being, or a report has been filed with the police pursuant to § 7-2601 ; and

(B) The disclosure is required in the interests of justice;

(2) Related to the mental competency or sanity of an accused in criminal trials where the accused raises the defense of insanity or where the court is required under prevailing law to raise the defense sua sponte, or in the pre-trial or post-trial proceedings involving a criminal case where a question arises concerning the mental condition of an accused or convicted person;

(3) Related to the mental competency or sanity of a child alleged to be delinquent, neglected, or in need of supervision in any proceeding before the Family Division of the Superior Court;

(4) In a grand jury, criminal, delinquency, or civil proceeding where a person is alleged to have defrauded:

(A) The District of Columbia or federal government in relation to receiving or providing services under the District of Columbia medical assistance program authorized by title 19 of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq. );

(B) A health care benefit program; or

(C) An elderly person or vulnerable adult, as those terms are defined in § 22-932(3) and (5) ; or

(5) In a criminal or delinquency proceeding where:

(A) A person is charged with an impaired driving offense resulting in the death of or injury to another human being; and

(B) The disclosure is required in the interest of justice.

(1) Before finding that the disclosure of confidential information is required in the interest of justice, as provided in subsection (c)(1)(B) and (5)(B) of this section, the court shall:

(A) Serve the victim with notice of the potential disclosure of confidential information; and

(B) Provide the victim with 14 days from the date of service to object to the disclosure of confidential information and provide an explanation for why the disclosure is not in the interest of justice.

(2) When determining whether the disclosure of confidential information of a victim is required in the interest of justice, as provided in subsection (c)(1)(B) and (5)(B) of this section, the court shall consider the rights of crime victims under § 23-1901 and 18 U.S.C. 3771.

(e) If the victim's ability to object pursuant to subsection (d)(1)(B) of this section is diminished because of minority, mental impairment, medical incapacity, or some other reason, the court:

(A) Shall provide notice to the victim's parent, guardian, or custodian; or

(B) May appoint an attorney to receive the notice on the victim's behalf; and

(2) Shall provide the victim's parent, guardian, or custodian, or an attorney acting on the victim's behalf, with 14 days from the date of service to object to the disclosure of confidential information and provide an explanation for why the disclosure is not in the interest of justice.

Legislative History

Dec. 23, 1963, 77 Stat. 519, Pub. L. 88-241, § 1; July 29, 1970, 84 Stat. 552, Pub. L. 91-358, title I, § 143(3); Mar. 3, 1979, D.C. Law 2-136, § 805(b), 25 DCR 5055; Mar. 16, 1985, D.C. Law 5-193, § 7, 32 DCR 1010; Mar. 25, 1986, D.C. Law 6-99, § 1101(a), 33 DCR 729; Apr. 30, 1988, D.C. Law 7-104, § 3, 35 DCR 147; Mar. 13, 2004, D.C. Law 15-105, § 99, 51 DCR 881; Mar. 2, 2007, D.C. Law 16-204, § 3(b), 53 DCR 9059; Apr. 24, 2007, D.C. Law 16-305, § 32, 53 DCR 6198; Dec. 10, 2009, D.C. Law 18-88, § 207, 56 DCR 7413; Oct. 23, 2010, D.C. Law 18-239, § 203(b), 57 DCR 5405; Apr. 27, 2013, D.C. Law 19-266, § 301, 59 DCR 12957; Nov. 20, 2014, D.C. Law 20-139, § 102(b), 61 DCR 5913