Octave ex rel. Octave v. Walker

The Mental Health Procedures Act (MHPA) contains a proviso that “[i]n no event” may privileged communications be disclosed without “written consent.” 50 P.S. § 7111(a). As Madame Justice Todd observes, this appears to foreclose the possibility that, consistent with legislative intent, a non-written waiver may be implied from the circumstances. See Dissenting Opinion, at 1265. Accordingly, I cannot join the Court’s present holding that Appellants “have impliedly waived the MHPA’s confidentiality protections by filing the instant negligence suit[.]” Majority Opinion, at 1262 n. 9.1

With that…