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2788
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Ch. 685
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LANS OF MARYLAND
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SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 9-109 of Article - Courts and
Judicial Proceedings, of the Annotated Code of Maryland
(1974 Volume and 1976 Supplement) be and it is hereby
repealed and reenacted, with amendments, to read as
follows:
Article — Courts and Judicial Proceedings
9-109.
(a) (1) "Authorized representative" means a
person authorized by the patient to assert the privilege
granted by this section and until permitted by the
patient to make disclosure, the person whose
communications are privileged.
(2) "Certified psychologist" means a person
certified as a psychologist under the laws of Maryland.
(3) "Patient" means a person who communicates
or receives services regarding the diagnosis or treatment
of his mental or emotional disorder from a psychiatrist,
certified psychologist, or any other person participating
directly or vitally with either in rendering those
services in 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) 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) [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)] 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)](D) 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;
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