2023 District of Columbia Code › Title 14 - Proof. [Enacted title] › Chapter 3 - Competency of Witnesses › § 14–307. Confidential information

§ 14–307. Confidential information.
(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.
(d)(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 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:
(1)(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.
(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; Apr. 27, 2021, D.C. Law 23-274, §§ 301, 401, 68 DCR 001034; Apr. 6, 2023, D.C. Law 24-341, § 107(a), 69 DCR 14698.)
Prior Codifications
1981 Ed., § 14-307.
1973 Ed., § 14-307.
Section References
This section is referenced in § 4-1321.02, § 4-1321.05, § 4-1371.12, § 7-1911, § 16-2359, § 16-2388, § 34-1802, and § 47-368.02.
Effect of Amendments
D.C. Law 15-105, in subsec. (a), substituted “§ 7-1201.01(11)” for “the District of Columbia Mental Health Information Act of 1978 (D.C. Official Code, sec. 7-1201.01 et seq.)”.
D.C. Law 16-204, in subsec. (a), substituted “as defined in § 7-1201.01(11) or a domestic violence counselor as defined in § 14-310(a)(2)” for “as defined in § 7-1201.01(11)”.
D.C. Law 16-305, in subsec. (a), substituted “client” for “person afflicted”.
D.C. Law 18-88, in subsec. (b)(1), substituted “evidence in a grand jury, criminal, delinquency, family, or domestic violence proceeding where 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,” for “evidence in criminal cases where the accused is charged with causing the death of, or inflicting injuries upon, a human being,”; in subsec. (b)(4), substituted “in a grand jury, criminal, delinquency, or civil proceeding” for “in criminal or civil cases” and substituted “approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), or where a person is alleged to have defrauded a health care benefit program.” for “approved July 30, 1965 (79 Stat. 343; 42 U.S.C. sec. 1396 et seq.).”; and added subsec. (c).
D.C. Law 18-239, in subsec. (b), substituted “defined in § 14-310(a)(2), or a human trafficking counselor as defined in § 14-311(a)(2)” for “defined in § 14-310(a)(2)”.
The 2013 amendment by D.C. Law 19-266 added (b)(5); and made related changes.
The 2014 amendment by D.C. Law 20-139 substituted "a human trafficking counselor as defined in § 14-311(a)(2), or a sexual assault victim advocate as defined in § 14-312(a)(7)" for "or a human trafficking counselor as defined in § 14-311(a)(2)" in (a).
Cross References
Adult protective services proceedings, waiver of professional privilege, see § 7-1911.
Family division proceedings, privilege under this section, see § 16-2359.
Neglected children proceedings, waiver of privilege, see § 4-1321.05.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2 of Sexual Assault Victims' Rights Clarification Congressional Review Emergency Amendment Act of 2020 (D.C. Act 23-552, Dec. 22, 2020, 68 DCR 00126).
For temporary (90 days) amendment of this section, see § 2 of Sexual Assault Victims' Rights Clarification Emergency Amendment Act of 2020 (D.C. Act 23-412, Oct. 14, 2020, 67 DCR 12237).
For temporary (90 day) amendment of section, see § 207 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).
For temporary (90 day) amendment of section, see § 207 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).
For temporary (90 day) amendment of section, see § 301 of Comprehensive Impaired Driving and Alcohol Testing Program Emergency Amendment Act of 2012 (D.C. Act 19-429, July 30, 2012, 59 DCR 9387).
For temporary amendment of (b), see § 301 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Amendment Act of 2012 (D.C Act 19-508, October 26, 2012, 59 DCR 13325).
For temporary (90 days) amendment of this section, see § 301 of the Comprehensive Impaired Driving and Alcohol Testing Program Congressional Review Emergency Act of 2013 (D.C. Act 20-3, January 29, 2013, 60 DCR 2762, 20 DCSTAT 410).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2 of Sexual Assault Victims' Rights Clarification Temporary Amendment Act of 2020 (D.C. Law 23-169, Dec. 23, 2020, 67 DCR 13032).
Editor's Notes
Section 301 of D.C. Law 20-139 provided that the Mayor, pursuant to § 2-501 et seq., may issue rules to implement the provisions of the act.