# Courts and Judicial Proceedings (GCJ)

## Title 9. Witnesses

### Subtitle 1. Competence, Compellability, and Privilege

#### Section 9-101

Unless otherwise provided in this subtitle:

(1) A person shall not be excluded from testifying in a proceeding because of incapacity from crime or interest in the matter in question; and

(2) Litigants and their spouses are competent and compellable to give evidence.

#### Section 9-103

In a criminal trial, the age of a child may not be the reason for precluding a child from testifying.

#### Section 9-105

(a) In this section, "spouse" includes a former spouse.

(b) Except as provided in subsection (c) of this section, one spouse is not competent to disclose any confidential communication between the spouses occurring during their marriage.

(c)

  (1) A spouse who is the alleged victim is competent to disclose a confidential communication between spouses occurring during their marriage in a criminal action in which one spouse is charged with a crime against the other spouse.

  (2) A spouse may not be compelled to testify to a confidential communication under this subsection.

#### Section 9-106

(a) The spouse of a person on trial for a crime may not be compelled to testify as an adverse witness unless:

  (1) The charge involves:

    (i) The abuse of a child under 18; or

    (ii) Assault in any degree in which the spouse is a victim if:

      (1) The person on trial was previously charged with assault in any degree or assault and battery of the spouse;

      (2) The spouse was sworn to testify at the previous trial; and

      (3) The spouse refused to testify at the previous trial on the basis of this section; or

  (2) The person on trial and the spouse married after the date on which the alleged crime for which the person is on trial occurred.

(b)

  (1) If the spouse of a person on trial for assault in any degree in which the spouse was a victim is sworn to testify at the trial and refuses to testify on the basis of the provisions of this section, the clerk of the court shall make and maintain a record of that refusal, including the name of the spouse refusing to testify.

  (2) When an expungement order is presented to the clerk of the court in a case involving a charge of assault in any degree, the clerk shall check the record to determine whether the defendant's spouse refused to testify on the basis of the provisions of this section.

  (3) If the record shows such refusal, the clerk shall make and maintain a separate record of the refusal, including the defendant's name, the spouse's name, the case file number, a copy of the charging document, and the date of the trial in which the spouse refused to testify.

  (4) The separate record specified under paragraph (3) of this subsection:

    (i) Is not subject to expungement under Title 10, Subtitle 1 of the Criminal Procedure Article; and

    (ii) Shall be available only to the court, a State's Attorney's office, and an attorney for the defendant.

#### Section 9-107

A person may not be compelled to testify in violation of his privilege against self-incrimination. The failure of a defendant to testify in a criminal proceeding on this basis does not create any presumption against him.

#### Section 9-108

A person may not be compelled to testify in violation of the attorney-client privilege.

#### Section 9-109

(a)

  (1) "Authorized representative" means a person authorized by the patient to assert the privilege granted by this section and until permitted by the patient to make disclosure, the person whose communications are privileged.

  (2) "Licensed psychologist" means a person who is licensed to practice psychology under the laws of Maryland.

  (3) "Patient" means a person who communicates or receives services regarding the diagnosis or treatment of his mental or emotional disorder from a psychiatrist, licensed psychologist, or any other person participating directly or vitally with either in rendering those services in consultation with or under direct supervision of a psychiatrist or psychologist.

  (4) "Psychiatrist" means a person licensed to practice medicine who devotes a substantial proportion of his time to the practice of psychiatry.

(b) Unless otherwise provided, in all judicial, legislative, or administrative proceedings, a patient or the patient's authorized representative has a privilege to refuse to disclose, and to prevent a witness from disclosing:

  (1) Communications relating to diagnosis or treatment of the patient; or

  (2) Any information that by its nature would show the existence of a medical record of the diagnosis or treatment.

(c) If a patient is incompetent to assert or waive this privilege, a guardian shall be appointed and shall act for the patient. A previously appointed guardian has the same authority.

(d) There is no privilege if:

  (1) A disclosure is necessary for the purposes of placing the patient in a facility for mental illness;

  (2) A judge finds that the patient, after being informed there will be no privilege, makes communications in the course of an examination ordered by the court and the issue at trial involves his mental or emotional disorder;

  (3) In a civil or criminal proceeding:

    (i) The patient introduces his mental condition as an element of his claim or defense; or

    (ii) After the patient's death, his mental condition is introduced by any party claiming or defending through or as a beneficiary of the patient;

  (4) The patient, an authorized representative of the patient, or the personal representative of the patient makes a claim against the psychiatrist or licensed psychologist for malpractice;

  (5) Related to civil or criminal proceedings under defective delinquency proceedings;

  (6) The patient expressly consents to waive the privilege, or in the case of death or disability, his personal or authorized representative waives the privilege for purpose of making claim or bringing suit on a policy of insurance on life, health, or physical condition;

  (7) In a criminal proceeding against a patient or former patient alleging that the patient or former patient has harassed or threatened or committed another criminal act against the psychiatrist or licensed psychologist, the disclosure is necessary to prove the charge;

  (8) In a peace order proceeding under Title 3, Subtitle 15 of this article in which the psychiatrist or licensed psychologist is a petitioner and a patient or former patient is a respondent, the disclosure is necessary to obtain relief; or

  (9) In an extreme risk protective order proceeding under Title 5, Subtitle 6 of the Public Safety Article in which the psychiatrist or licensed psychologist is a petitioner and a patient or former patient is a respondent, the disclosure is necessary to obtain relief.

#### Section 9-109.1

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Client" means an individual who communicates to or receives services from a psychiatric-mental health nursing specialist or a professional counselor regarding the diagnosis or treatment of the individual's mental or emotional disorder.

  (3) "Professional counselor" means an individual who is certified, licensed, or exempted from licensure as a counselor under Title 17 of the Health Occupations Article.

  (4) "Psychiatric-mental health nursing specialist" means a registered nurse who:

    (i) Has a master's degree in psychiatric-mental health nursing;

    (ii) Has a baccalaureate degree in nursing and a master's degree in a mental health field; or

    (iii) Is certified as a clinical specialist in psychiatric and mental health nursing by the American Nurses' Association or by a body approved by the Board of Nursing.

(b) Unless otherwise provided, in any judicial, legislative, or administrative proceeding, a client or a client's authorized representative has a privilege to refuse to disclose, and to prevent a witness from disclosing, communications relating to:

  (1) Diagnosis or treatment of the client; or

  (2) Any information that by its nature would show a medical record of the diagnosis or treatment exists.

(c)

  (1) If a client is incompetent to assert or waive this privilege, a guardian shall be appointed and shall act for the client.

  (2) A guardian appointed before the proceeding has the authority to act for the client.

(d) There is no privilege if:

  (1) A disclosure is necessary for the purpose of placing the client in a facility for mental illness;

  (2) A judge finds that the client, after being informed that there will be no privilege, makes communications in the course of an examination ordered by the court and the issue at trial involves the client's mental or emotional disorder;

  (3) In a civil or criminal proceeding:

    (i) The client introduces the client's mental condition as an element of the claim or defense; or

    (ii) After the client's death, the client's mental condition is introduced by any party claiming or defending through or as a beneficiary of the client;

  (4) The client, the authorized representative of the client, or the personal representative of the client makes a claim against the psychiatric-mental health nursing specialist or the professional counselor for malpractice;

  (5) The client expressly consents to waive the privilege or, in the case of death or disability, the client's personal representative waives the privilege for the purpose of making a claim or bringing suit on a policy of insurance on life, health, or physical condition;

  (6) In a criminal proceeding against a client or former client alleging that the client or former client has harassed or threatened or committed another criminal act against the psychiatric-mental health nursing specialist or the professional counselor, the disclosure is necessary to prove the charge;

  (7) In a peace order proceeding under Title 3, Subtitle 15 of this article in which the psychiatric-mental health nursing specialist or professional counselor is a petitioner and a client or former client is a respondent, the disclosure is necessary to obtain relief; or

  (8) In an extreme risk protective order proceeding under Title 5, Subtitle 6 of the Public Safety Article in which the psychiatric-mental health nursing specialist or professional counselor is a petitioner and a client or former client is a respondent, the disclosure is necessary to obtain relief.

(e) There is no privilege in:

  (1) Any administrative or judicial nondelinquent juvenile proceeding;

  (2) Any guardianship and adoption proceeding initiated by a child placement agency;

  (3) Any guardianship and protective services proceeding concerning a disabled person; or

  (4) Any criminal or delinquency proceeding in which there is a charge of child abuse or neglect or that arises out of an investigation of suspected child abuse or neglect.

#### Section 9-110

(a)

  (1) In this section the following words have the meanings indicated.

  (2)

    (i) "Firm" means a proprietorship, partnership, or professional corporation engaged in the practice of public accountancy.

    (ii) "Firm" includes an employee of the firm.

  (3)

    (i) "Licensed certified public accountant" has the meaning stated in Sec. 2-101(i) of the Business Occupations and Professions Article.

    (ii) "Licensed certified public accountant" includes an employee of the licensed certified public accountant.

  (4) "Permit" has the meaning stated in Sec. 2-101(k) of the Business Occupations and Professions Article.

  (5) "Practice of certified public accountancy" has the meaning stated for "practice certified public accountancy" in Sec. 2-101(m) of the Business Occupations and Professions Article.

  (6)

    (i) "Practice of public accountancy" means the performance or the offering to perform by a licensed certified public accountant or a firm, while holding out to the public, services for a client or a potential client that involve:

      (1) The use of accounting or auditing skills, including the issuance of reports on financial statements;

      (2) Financial management, advice, or consultation; or

      (3) The preparation of tax returns or the furnishing of advice about tax matters.

    (ii) "Practice of public accountancy" includes the practice of certified public accountancy.

  (7) "Quality review" means an independent appraisal, review, or study of the professional work of a licensed certified public accountant or firm in the practice of public accountancy that is made by a licensed certified public accountant or firm that is not affiliated with the licensed certified public accountant or firm undergoing a quality review.

(b) Except as provided in subsections (c) and (d) of this section or unless expressly permitted by a client or the personal representative or successor in interest of the client, a licensed certified public accountant or firm may not disclose:

  (1) The contents of any communication made to the licensed certified public accountant or firm by a client who employs the licensed certified public accountant or firm to audit, examine, or report on any account, book, record, or statement of the client;

  (2) Any information that the licensed certified public accountant or firm, in rendering professional service, derives from:

    (i) A client who employs the licensed certified public accountant or firm; or

    (ii) The material of the client.

(c)

  (1) A licensed certified public accountant or firm may disclose any data to another certified public accountant or firm that conducts a quality review.

  (2) The disclosure permitted by paragraph (1) of this subsection:

    (i) Does not waive the privilege required by subsection (b) of this section; and

    (ii) Subjects a licensed certified public accountant or firm that conducts a quality review to the same duty of confidentiality applicable to the licensed certified public accountant or firm undergoing the quality review.

(d) The privilege against disclosure required by subsection (b) of this section does not affect:

  (1) The bankruptcy laws;

  (2) The criminal laws of the State; or

  (3) A regulatory proceeding by the State Board of Public Accountancy under Sec.Sec. 2-317 and 2-412 of the Business Occupations and Professions Article.

#### Section 9-111

A minister of the gospel, clergyman, or priest of an established church of any denomination may not be compelled to testify on any matter in relation to any confession or communication made to him in confidence by a person seeking his spiritual advice or consolation.

#### Section 9-112

(a) In this section, "news media" means:

  (1) Newspapers;

  (2) Magazines;

  (3) Journals;

  (4) Press associations;

  (5) News agencies;

  (6) Wire services;

  (7) Radio;

  (8) Television; and

  (9) Any printed, photographic, mechanical, or electronic means of disseminating news and information to the public.

(b) The provisions of this section apply to any person who is, or has been:

  (1) Employed by the news media in any news gathering or news disseminating capacity;

  (2) An independent contractor of the news media acting within the scope of a contract in any news gathering or news disseminating capacity; or

  (3) Enrolled as a student in an institution of postsecondary education and engaged in any news gathering or news disseminating capacity recognized by the institution as a scholastic activity or in conjunction with an activity sponsored, funded, managed, or supervised by school staff or faculty.

(c) Except as provided in subsection (d) of this section, any judicial, legislative, or administrative body, or anybody that has the power to issue subpoenas may not compel any person described in subsection (b) of this section to disclose:

  (1) The source of any news or information procured by the person while employed by the news media or while enrolled as a student, whether or not the source has been promised confidentiality; or

  (2) Any news or information procured by the person while employed by the news media or while acting as an independent contractor of the news media, in the course of pursuing a professional activity, or any news or information procured by the person while enrolled as a student, in the course of pursuing a scholastic activity or in conjunction with an activity sponsored, funded, managed, or supervised by school staff or faculty, for communication to the public but which is not so communicated, in whole or in part, including:

    (i) Notes;

    (ii) Outtakes;

    (iii) Photographs or photographic negatives;

    (iv) Video and sound tapes;

    (v) Film; and

    (vi) Other data, irrespective of its nature, not itself disseminated in any manner to the public.

(d)

  (1) A court may compel disclosure of news or information, if the court finds that the party seeking news or information protected under subsection (c)(2) of this section has established by clear and convincing evidence that:

    (i) The news or information is relevant to a significant legal issue before any judicial, legislative, or administrative body, or anybody that has the power to issue subpoenas;

    (ii) The news or information could not, with due diligence, be obtained by any alternate means; and

    (iii) There is an overriding public interest in disclosure.

  (2) A court may not compel disclosure under this subsection of the source of any news or information protected under subsection (c)(1) of this section.

(e) If any person described in subsection (b) of this section disseminates a source of any news or information, or any portion of the news or information procured while pursuing an activity described in subsection (b) of this section, the protection from compelled disclosure under this section is not waived by the person.

#### Section 9-113

In a civil case, a party or an officer, director, or managing agent of a corporation, partnership, or association may be called by the adverse party and interrogated as on cross-examination.

#### Section 9-114

(a)

  (1) If a party, a witness, or a victim or victim's representative, as defined in Sec. 11-104(a) of the Criminal Procedure Article, is deaf or cannot readily understand or communicate the spoken English language, any party or a victim or victim's representative may apply to the court for the appointment of a qualified interpreter to assist that person.

  (2) On receiving the application under paragraph (1) of this subsection, the court shall appoint a qualified interpreter to assist that person.

  (3) The court shall maintain a directory of interpreters for manual communication or oral interpretation to assist deaf persons or persons who cannot readily understand or communicate the spoken English language.

(b) Any interpreter appointed pursuant to this section shall be allowed compensation the court deems reasonable. It is discretionary with the court, in accordance with the provisions of the federal Americans with Disabilities Act, to tax, as part of the costs of the case, amounts paid to an interpreter for services and expenses. Otherwise the amount shall be paid by the county where the proceedings were initiated.

#### Section 9-115

Where character evidence is otherwise relevant to the proceeding, no person offered as a character witness who has an adequate basis for forming an opinion as to another person's character shall hereafter be excluded from giving evidence based on personal opinion to prove character, either in person or by deposition, in any suit, action or proceeding, civil or criminal, in any court or before any judge, or jury of the State.

#### Section 9-116

A party to a proceeding by or against a personal representative, heir, devisee, distributee, or legatee as such, in which a judgment or decree may be rendered for or against them, or by or against an incompetent person, may not testify concerning any transaction with or statement made by the dead or incompetent person, personally or through an agent since dead, unless called to testify by the opposite party, or unless the testimony of the dead or incompetent person has been given already in evidence in the same proceeding concerning the same transaction or statement.

#### Section 9-117

It is not competent, in any case, for any party to the cause who has been examined therein as a witness, to corroborate his testimony when impeached by proof of his own declaration or statement made to third persons out of the presence and hearing of the adverse party.

#### Section 9-118

(a) The oath for a person testifying before the grand jury shall be administered in one of the ways specified in this section.

(b) It may be administered in the presence of the grand jury by its foreperson or another member appointed by the foreperson.

(c) It may be administered by the clerk or deputy clerk of court in the presence of the presiding judge or judges in open court.

(d) It may be administered by the clerk or deputy clerk of court in the presence of the presiding judge or judges, in the court house, but not in open court.

#### Section 9-119

(a) A person testifying in a supplementary or discovery proceeding in aid of a judgment or execution is not excused from answering a question because the answer may tend to connect him with the commission of fraud.

(b) An answer may not be used as evidence against the person in a criminal proceeding based upon the fraud.

#### Section 9-120

Notwithstanding any other provision of law, a psychologist licensed under the "Maryland Psychologists Act" and qualified as an expert witness may testify on ultimate issues, including insanity, competency to stand trial, and matters within the scope of that psychologist's special knowledge, in any case in any court or in any administrative hearing.

#### Section 9-121

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Client" means a person who communicates to or receives services from a licensed certified social worker regarding his mental or emotional condition, or from any other person participating directly or vitally with a licensed certified social worker in rendering those services, in consultation with or under direct supervision of a licensed certified social worker.

  (3) "Licensed certified social worker" means any person licensed as a certified social worker under Title 19 of the Health Occupations Article.

  (4) "Witness" means a licensed certified social worker or any other person participating directly or vitally with a licensed certified social worker in rendering services to a client, in consultation with or under direct supervision of a licensed certified social worker.

(b) Unless otherwise provided, in all judicial or administrative proceedings, a client has a privilege to refuse to disclose, and to prevent a witness from disclosing, communications made while the client was receiving counseling or any information that by its nature would show that such counseling occurred.

(c) If a client is incompetent to assert or waive this privilege, a guardian shall be appointed and shall act for the client. A previously appointed guardian has the same authority.

(d) There is no privilege if:

  (1) A disclosure is necessary for the purpose of placing the client in a facility for mental illness;

  (2) A judge finds that the client, after being informed there will be no privilege, makes communications in the course of an examination ordered by the court;

  (3) In a civil or criminal proceeding:

    (i) The client introduces the client's mental condition as an element of the claim or defense; or

    (ii) After the client's death, the client's mental condition is introduced by any party claiming or defending through or as a beneficiary of the client;

  (4) The client or the personal representative of the client makes a claim against the licensed certified social worker for malpractice;

  (5) The client expressly consents to waive the privilege, or in the case of death or disability, the client's personal representative waives the privilege for purpose of making a claim or bringing suit on a policy of insurance on life, health, or physical condition;

  (6) In a criminal proceeding against a client or former client alleging that the client or former client has harassed or threatened or committed another criminal act against the licensed certified social worker, the disclosure is necessary to prove the charge;

  (7) In a peace order proceeding under Title 3, Subtitle 15 of this article in which the licensed certified social worker is a petitioner and a client or former client is a respondent, the disclosure is necessary to obtain relief; or

  (8) In an extreme risk protective order proceeding under Title 5, Subtitle 6 of the Public Safety Article in which the licensed certified social worker is a petitioner and a client or former client is a respondent, the disclosure is necessary to obtain relief.

(e) There is no privilege in:

  (1) Any administrative or judicial nondelinquent juvenile proceeding;

  (2) Any guardianship and adoption proceeding initiated by a child placement agency;

  (3) Any guardianship and protective services proceeding concerning disabled persons; or

  (4) Any criminal or delinquency proceeding in which there is a charge of child abuse or neglect or which arises out of an investigation of suspected child abuse or neglect.

#### Section 9-122

(a) A member of the General Assembly may not be subpoenaed to testify in a civil or administrative action, proceeding, or deposition, other than one in which the member is a named private party, during any regular or special session, and for 10 days before and after each session.

(b) This section does not constitute a waiver of a member's constitutional or common law privileges.

#### Section 9-123

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Other information" includes any book, paper, document, record, recording, or other material.

  (3) "Prosecutor" means:

    (i) The State's Attorney for a county;

    (ii) A Deputy State's Attorney;

    (iii) The Attorney General of the State;

    (iv) A Deputy Attorney General or designated Assistant Attorney General; or

    (v) The State Prosecutor or Deputy State Prosecutor.

(b)

  (1) If a witness refuses, on the basis of the privilege against self-incrimination, to testify or provide other information in a criminal prosecution or a proceeding before a grand jury of the State, and the court issues an order to testify or provide other information under subsection (c) of this section, the witness may not refuse to comply with the order on the basis of the privilege against self-incrimination.

  (2) No testimony or other information compelled under the order, and no information directly or indirectly derived from the testimony or other information, may be used against the witness in any criminal case, except in a prosecution for perjury, obstruction of justice, or otherwise failing to comply with the order.

(c)

  (1) If an individual has been, or may be, called to testify or provide other information in a criminal prosecution or a proceeding before a grand jury of the State, the court in which the proceeding is or may be held shall issue, on the request of the prosecutor made in accordance with subsection (d) of this section, an order requiring the individual to give testimony or provide other information which the individual has refused to give or provide on the basis of the individual's privilege against self-incrimination.

  (2) The order shall have the effect provided under subsection (b) of this section.

(d) If a prosecutor seeks to compel an individual to testify or provide other information, the prosecutor shall request, by written motion, the court to issue an order under subsection (c) of this section when the prosecutor determines that:

  (1) The testimony or other information from the individual may be necessary to the public interest; and

  (2) The individual has refused or is likely to refuse to testify or provide other information on the basis of the individual's privilege against self-incrimination.

(e) If a witness refuses to comply with an order issued under subsection (c) of this section, on written motion of the prosecutor and on admission into evidence of the transcript of the refusal, if the refusal was before a grand jury, the court shall treat the refusal as a direct contempt, notwithstanding any law to the contrary, and proceed in accordance with Title 15, Chapter 200 of the Maryland Rules.

#### Section 9-124

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Employee" means an individual represented by a labor organization regardless of whether the individual is a member of the labor organization.

  (3) "Labor organization" means an organization that represents or seeks to represent workers for the purposes of collective bargaining.

(b)

  (1) Except as provided in subsection (c) or (d) of this section, a labor organization or an agent of a labor organization may not be compelled to disclose any communication or information the labor organization or agent received or acquired in confidence from an employee while the labor organization or agent was acting in a representative capacity concerning an employee grievance.

  (2) Paragraph (1) of this subsection does not apply to a criminal proceeding.

  (3) An employee's privilege under this subsection applies only to the extent that:

    (i) A communication or information is germane to a grievance of the employee; and

    (ii) The grievance of the employee is a subject matter of an investigation, a grievance proceeding, or a civil court, administrative, arbitration, or other civil proceeding.

  (4) An employee's privilege under this subsection continues after termination of:

    (i) The employee's employment; or

    (ii) The representative relationship of the labor organization or its agent with the employee.

  (5) An employee's privilege under this subsection protects the communication or information received or acquired by the labor organization or its agent, but does not protect the employee from being compelled to disclose, to the extent provided by law, the facts underlying the communication or information.

(c) A labor organization or its agent shall disclose to the employer as soon as possible a communication or information described in subsection (b)(1) of this section to the extent the labor organization or its agent reasonably believes necessary to prevent certain death or substantial bodily harm.

(d) A labor organization or its agent may disclose a communication or information described in subsection (b) of this section:

  (1) To the extent the labor organization or its agent reasonably believes necessary to:

    (i) Prevent the employee from committing a crime, fraud, or any act in violation of a collective bargaining agreement or contractual agreement that is reasonably certain to result in substantial injury to the financial interests or property of another and in furtherance of which the employee has used or is using the services of the labor organization or its agent;

    (ii) Prevent, mitigate, or rectify substantial injury to the financial interests or property of another that is reasonably certain to result or has resulted from the employee's commission of a crime, fraud, or any act in violation of a collective bargaining agreement or contractual agreement in furtherance of which the employee has used the services of the labor organization or its agent;

    (iii) Secure legal advice about the compliance of the labor organization or its agent with a court order or other law or the terms of a collective bargaining agreement or contractual agreement;

    (iv) Establish a claim or defense on behalf of the labor organization or its agent in a controversy between the employee and the labor organization or its agent, to establish a defense to a criminal charge or civil claim against the labor organization or its agent based on conduct in which the employee was involved, or to respond to allegations in any proceeding concerning the performance of professional duties by the labor organization or its agent on behalf of the employee; or

    (v) Comply with a court order or other law or the terms of a collective bargaining agreement or contractual agreement;

  (2) To the extent the communication or information constitutes an admission that the employee has committed a crime;

  (3) In any court, administrative, arbitration, or other proceeding against:

    (i) The agent of the labor organization in the agent's personal or official representative capacity; or

    (ii) The labor organization, any affiliated or subordinate body of the labor organization, or any agent of the labor organization or its affiliated or subordinate body;

  (4) If the labor organization has obtained the written or oral consent of the employee;

  (5) If the employee is deceased or has been adjudicated incompetent by a court of competent jurisdiction and the labor organization has obtained the written or oral consent of the personal representative of the employee's estate or of the employee's guardian;

  (6) When required by court order; or

  (7) To the extent that the employee waives the confidentiality of the communication or information.

(e) An adverse inference may not be drawn based on the refusal of a labor organization or an agent of a labor organization to disclose a communication or any information under subsection (d)(3) of this section.

(f) In the event of a conflict between the application of this section and any federal or State labor law, the provisions of the federal or State law shall control.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)