WILLIAM DONALD SCHAEFER, Governor Ch. 300
THE INDIVIDUAL'S MENTAL OR EMOTIONAL DISORDER.

(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 DIAGNOSIS OR TREATMENT OF THE
CLIENT'S MENTAL OR EMOTIONAL DISORDER.

(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 FOR MALPRACTICE; OR

(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.

(E) THERE IS NO PRIVILEGE IN:

(1) ANY ADMINISTRATIVE OR JUDICIAL NONDELINQUENT
JUVENILE PROCEEDING;

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