Massachusetts General Laws

Mass. Gen. Laws ch. 112, § 172 (2026)

Allied mental health and human service professionals; confidential communications; waiver

✓ current as of July 2026

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Section 172. Any communication between an allied mental health or human services professional and a client shall be deemed to be confidential. Said privilege shall be subject to waiver only in the following circumstances:

(a) where the allied mental health and human services professional is a party defendant to a civil, criminal or disciplinary action arising from such practice in which case the waiver shall be limited to that action;

(b) where the client is a defendant in a criminal proceeding and the use of the privilege would violate the defendant's right to compulsory process and right to present testimony and witnesses in his own behalf;

(c) when the communication reveals the contemplation or commission of a crime or a harmful act; and

(d) where a client agrees to the waiver, or in circumstances where more than one person in a family is receiving therapy, where each such family member agrees to the waiver.

The provisions of this section shall not be construed to prevent third party reimburser from inspecting and copying, in the ordinary course of determining eligibility for or entitlement to benefits, any and all records relating to diagnosis, treatment or other services provided to any person, including a minor or incompetent, for which coverage, benefit or reimbursement is claimed, so long as the policy or certificate under which the claim is made provides that such access to such records is permitted. The provisions of this section shall not be construed to prevent access to any such records pursuant to any peer review or utilization review procedures applied and implemented in good faith.

Notes of Decisions

Cited in 8 cases, 1997–2012 · leading case: Commonwealth v. Vega, 866 N.E.2d 892 (Mass. 2007).

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Commonwealth v. Vega, 866 N.E.2d 892 (Mass. 2007). · cites it 6× “The judge reasoned that because G. L. c. 112, § 172, the statutory provision rendering communications with AMHPs confidential differed from other, similar provisions in its form, wording, and placement in the General Laws, it did not indicate a legislative intent to create a…”

Commonwealth v. Brandwein, 760 N.E.2d 724 (Mass. 2002). “112, § 135A (same as to social worker); G. L. c. 112, § 172 (“communication between an allied mental health or human services professional and a client shall be deemed confidential”).”

Commonwealth v. Hunt, 971 N.E.2d 768 (Mass. 2012). “112, §§ 135A, 135B (licensed social workers); G. L. c. 112, § 172 (allied mental health professionals).”

In re a Grand Jury Subpoena, 722 N.E.2d 450 (Mass. 2000). “233, § 20, First and Second (spousal disqualification as to private conversations and general spousal privilege); G. L. c. 233, § 20, Fourth (minor child disqualified from testifying against parent in criminal proceedings against parent); G.”

Commonwealth v. Spinney, 13 Mass. L. Rptr. 49 (Mass. Super. Ct. 2001). “Access to records which are in the custody or control of the prosecutor’s office or the law enforcement agency involved in the investigation of the case usually will be handled at the discovery phase pursuant to Mass.R.Crim.P. 14. When there is a request for information about…”

Commonwealth v. Kartell, 11 Mass. L. Rptr. 225 (Mass. Super. Ct. 1999). “Accordingly, he is not a “licensed mental health worker,” and the communications which are contained in the records at issue in this case are not subject to the patient/mental health worker privilege articulated in G.L.c. 112, §172. However, the matter does not end there.”

Breest v. DuBois, 7 Mass. L. Rptr. 246 (Mass. Super. Ct. 1997). “233, §20B (psychotherapists); G.L.c. 112, §172 (mental health or human services professionals); G.”

Commonwealth v. Dodd, 29 Mass. L. Rptr. 44 (Mass. Super. Ct. 2011). · cites it 2× “” As such, Kinsley appears to be what is referred to in G.L.c. 112, §172 as an “allied mental health professional” or a “human services professional.”

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