J. MILLARD TAWES, Governor                       837

AND VITALLY with either in rendering such services in consulta-
tion with, or under the direct supervision and direction of a psychi-
atrist or psychologist as hereinafter defined; "psychiatrist" means a
person licensed to practice medicine who devotes a substantial pro-
portion of his time to the practice of psychiatry; "certified psychol-
ogist" means a psychologist certified under the provisions of Article
43, Sections 618-644 of the Annotated Code of Maryland (1957
Edition); "authorized representative" means a person empowered
by the patient to assert the privilege granted by this section, and
until given permission by the patient to make disclosure, any person
whose communications are made privileged by this section.

(b)  Except as hereinafter provided, in civil and criminal cases, in
proceedings preliminary thereto, and in legislative and administra-
tive proceedings, a patient, or his authorized representative, has a
privilege to refuse to disclose, and to prevent a witness from dis-
closing, communication, wherever made, relating to diagnosis or
treatment of the patient's mental or emotional disorder. , PRO-
VIDED, THAT THE PRESIDING JUDGE OF A COURT OF
RECORD MAY COMPEL SUCH DISCLOSURE IN CASES IN-
VOLVING THE CUSTODY OF CHILDREN, IF, IN HIS OPINION,
SUCH DISCLOSURE IS NECESSARY TO A PROPER DETERMI-
NATION OF THE ISSUE OF CUSTODY. This privilege applies
to communications between patient and psychiatrist, between patient
and certified psychologist, between a patient and other patients
receiving diagnostic or treatment services in a formal group pro-
gram conducted by the psychiatrist or certified psychologist, or
between members of the patient's family and the psychiatrist or cer-
tified psychologist, in the accomplishment of the objectives of diag-
nosis or treatment. When a patient is incompetent to assert or to
waive the privilege, a guardian shall be appointed and shall act in
place of the patient under this section. A previously appointed guard-
ian shall be authorized to so act.

(c)  There shall be no privilege for any relevant communications
under this section, (1) when in the course of diagnosis or treatment
it is necessary to disclose such communications for the purpose of
placing the patient in a facility for mental illness, whether by cer-
tification, commitment or otherwise; , provided, the provisions of this
section shall continue in effect after the patient is in the facility; (2)
if a judge finds that the patient, after having been informed that the
communication would not be privileged has made communications to
a psychiatrist or certified psychologist in the course of an examina-
tion ordered by the court, provided that such communications shall
be admissible only on issues involving the patient's mental or emo-
tional disorder; (3) in all proceedings, whether civil or criminal, in
which the patient introduces his mental condition as an element of
his claim or defense, or, after the patient's death, when such con-
dition is introduced by any party claiming or defending through or
as a beneficiary of the patient; (4) in actions, civil or criminal,
against the psychiatrist or certified psychologist for malpractice;

(5)  in all phases of any civil or criminal proceedings under Article
31B of this Code relating to defective delinquency proceedings; or

(6)  with the expressed consent of the patient, or in the case of
death or disability, of his personal representative or other person
authorized to sue, or of the beneficiary of an insurance policy on
his life, health or physical condition.