286                                              LAWS OF MARYLAND                                 [Ch. 2

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)   PRIVILEGE.

UNLESS OTHERWISE PROVIDED, IN ALL JUDICIAL,
LEGISLATIVE, OR ADMINISTRATIVE PROCEEDINGS, A PATIENT
OR HIS AUTHORIZED REPRESENTATIVE HAS A PRIVILEGE TO
REFUSE TO DISCLOSE, AND TO PREVENT A WITNESS FROM
DISCLOSING, COMMUNICATIONS RELATING TO DIAGNOSIS OR
TREATMENT OF THE PATIENT'S MENTAL OR EMOTIONAL
DISORDER.

(C)   EXCEPTION IN CUSTODY MATTERS.

A JUDGE MAY COMPEL DISCLOSURE IN CASES INVOLVING
THE CUSTODY OF CHILDREN IF HE DECIDES IT IS NECESSARY
FOR THE DETERMINATION OF THAT ISSUE.

(D)   APPOINTMENT OF GUARDIAN.

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.

(E)   PRIVILEGE EXCLUDED.
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, THE
PATIENT INTRODUCES HIS MENTAL CONDITION AS AN ELEMENT
OF HIS CLAIM OR DEFENSE;

(4) THE PATIENT, HIS AUTHORIZED
REPRESENTATIVE, OR HIS PERSONAL REPRESENTATIVE MAKES A