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HOUSE DOCKET, NO. 380 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 1886
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Joan Meschino
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to privileged communications.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Joan Meschino3rd Plymouth1/8/2025 1 of 5
HOUSE DOCKET, NO. 380 FILED ON: 1/8/2025
HOUSE . . . . . . . . . . . . . . . No. 1886
By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 1886) of Joan
Meschino relative to privileged communications. The Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1678 OF 2023-2024.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to privileged communications.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 15 of chapter 19A of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by adding at the end thereof the following subsection:-
3 (g) This section shall not apply to a person who is retained by an attorney to assist the
4attorney in his or her representation of an individual client or employed by a legal service
5provider to assist its attorneys in their representation of individual clients if the information that
6provides reasonable cause for the person to believe that an elderly person is suffering from or has
7suffered from abuse became known to the person in connection with his or her retention by the
8attorney or his or her employment by the legal service provider. 2 of 5
9 SECTION 2. Section 1 of chapter 19C of the General Laws, as appearing in the 2020
10Official Edition, is hereby amended by inserting after the word “condition.”, in line 33, the
11following:-
12 A “mandated reporter” shall not include a person who is retained by an attorney to assist
13the attorney in his or her representation of an individual client or employed by a legal service
14provider to assist its attorneys in their representation of individual clients if the person becomes
15aware of a reportable condition in connection with his or her retention by the attorney or his or
16her employment by a legal service provider.
17 SECTION 3. Section 10 of said chapter 19C, as appearing in the 2020 Official Edition, is
18hereby amended by adding at the end thereof the following:-
19 This section shall not apply to a person who is retained by an attorney to assist the
20attorney in his or her representation of an individual client or employed by a legal service
21provider to assist its attorneys in their representation of individual clients if the person becomes
22aware of a reportable condition in connection with his or her retention by the attorney or his or
23her employment by a legal service provider or if the information that provides reasonable cause
24for the person to believe that a disabled person is suffering from or has suffered from abuse
25became known to the person in connection with his or her retention by the attorney or his or her
26employment by a legal service provider. Notwithstanding subsection (b) of section 3, the
27commission may not promulgate rules or regulations to require such a person to notify the
28commission of such reportable condition or abuse.
29 SECTION 4. Section 72G of chapter 111 of the General Laws, as appearing in the 2020
30Official Edition, is hereby amended by adding at the end thereof the following:- 3 of 5
31 This section shall not apply to a person who is retained by an attorney to assist the
32attorney in his or her representation of an individual client or employed by a legal service
33provider to assist its attorneys in their representation of individual clients if the information that
34provides reasonable cause for the person to believe that a patient or resident has been abused,
35mistreated, or neglected or has had property misappropriated became known to the person in
36connection with his or her retention by the attorney or his or her employment by a legal service
37provider.
38 SECTION 5. Section 21 of chapter 119 of the General Laws, as appearing in the 2020
39Official Edition, is hereby amended by inserting after the word “advocate.”, in line 74, the
40following:-
41 A “mandated reporter” shall not include a person who is retained by an attorney to assist
42the attorney in his or her representation of an individual client or employed by a legal service
43provider to assist its attorneys in their representation of individual clients if the facts that provide
44reasonable cause for the person to believe that a child is suffering physical or emotional injury
45under the circumstances described in section 51A(a) became known to the person in connection
46with his or her retention by the attorney or his or her employment by a legal service provider.
47 SECTION 6. Section 51A of chapter 119 of the General Laws, as appearing in the 2020
48Official Edition, is hereby amended by adding at the end thereof the following subsection:-
49 (l) This section shall not apply to a person who is retained by an attorney to assist the
50attorney in his or her representation of an individual client or employed by a legal service
51provider to assist its attorneys in their representation of individual clients if the information that
52provides reasonable cause for the person to believe that a child is suffering or has suffered 4 of 5
53physical or emotional injury under the circumstances described in subsection (a) became known
54to the person in connection with his or her retention by the attorney or his or her employment by
55a legal service provider. No board of registration created under chapter 13 may require such a
56person with such knowledge to make a report of the type described in subsection (a) as a
57condition of registration or impose discipline on such a person under section 61 of chapter 112
58for failing to make such a report.
59 SECTION 7. Section 51B of chapter 119 of the General Laws, as appearing in the 2020
60Official Edition, is hereby amended by striking out subsection (m) and inserting in place thereof
61the following:-
62 (m) Notwithstanding any privilege created by statute or common law relating to
63confidential communications or any statute prohibiting the disclosure of information but subject
64to subsection (j) and to subsection (s) of section 51A, a mandated reporter shall answer questions
65and provide information posed by the department relating to an investigation conducted under
66this section, whether or not that person filed the 51A report being investigated. A statutory or
67common law privilege shall not preclude the admission of any such information, other than
68information described in subsection (s), in any civil proceeding concerning abuse or neglect of a
69child, placement or custody of a child.
70 SECTION 8. Said section 51B of said chapter 119, as so appearing, is hereby further
71amended by adding at the end thereof the following subsection:-
72 (s) This section shall not apply to a person who is retained by an attorney to assist the
73attorney in his or her representation of an individual client or employed by a legal service
74provider to assist its attorneys in their representation of individual clients if the information that 5 of 5
75provides reasonable cause for the person to believe that a child is suffering or has suffered
76physical or emotional injury under the circumstances described in subsection (a) became known
77to the person in connection with his or her retention by the attorney or his or her employment by
78a legal service provider.