Supreme Judicial Court Finds Psychotherapist-Patient Privilege Bars Subpoena of Patient Records by Board of Registration in Medicine

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The Massachusetts Supreme Judicial Court held that the psychotherapist-patient privilege bars the Board of Registration in Medicine ("Board") from obtaining patient treatment records from a psychiatrist absent patient consent. In the opinion, the SJC makes clear that the psychotherapist-patient privilege cannot be pierced other than through a legislatively enacted exception or a constitutional concern, such as a criminal defendant's constitutional right to obtain and present evidence.

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