980

LAWS OF MARYLAND

Ch. 362

Act is hereby declared to be an emergency measure and
necessary for the immediate preservation of the public
health and safety and having been passed by a yea and nay
vote supported by three—fifths of all the members elected
to each of the two Houses of the General Assembly, the
same shall take effect from the date of its passage.

Approved May 4, 1976.

CHAPTER 363

(House Bill 1)

AN ACT concerning

Patient—Psychiatrist Privilege - Corrective

FOR the purpose of correcting an omission relating to the
nonexistence of the patient—psychiatrist privilege
in certain proceedings after the death of the
patient; and making this Act an emergency measure.

BY repealing and re-enacting, with amendments,

Article - Courts and Judicial Proceedings

Section 9-109(e)

Annotated Code of Maryland

(1974 Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 9-109(e) of Article - Courts and
Judicial Proceedings, of the Annotated Code of Maryland
(1971 Volume and 1975 Supplement) be and it is hereby
repealed and re—enacted, with amendments, to read as
follows:

Article — Courts and Judicial Proceedings

9-109.

(e) 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[,]: