HARRY HUGHES, Governor

5165

(c) 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.

(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;

(3) In a civil or criminal proceeding:

(i) The patient introduces his mental
condition as an element of his claim or defense; or

(ii) After the patient's death, his mental
condition is introduced by any party claiming or defending
through or as a beneficiary of the patient;

(4) The patient, an authorized representative of
the patient, or the personal representative of the patient
makes a claim against the psychiatrist, [or] licensed

psychologist, OR LICENSED CERTIFIED SOCIAL WORKER for

malpractice;

(5) Related to civil or criminal proceedings
under defective delinquency proceedings; or

(6) The patient expressly consents to waive the
privilege, or in the case of death or disability, his
personal or authorized representative waives the privilege
for purpose of making claim or bringing suit on a policy of
insurance on life, health, or physical condition.

(A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2) "CLIENT" MEANS A PERSON WHO COMMUNICATES TO
OR RECEIVES SERVICES FROM A LICENSED CERTIFIED SOCIAL WORKER
REGARDING HIS MENTAL OR EMOTIONAL CONDITION, OR FROM ANY
OTHER PERSON PARTICIPATING DIRECTLY OR" VITALLY WITH A
LICENSED CERTIFIED SOCIAL WORKER IN RENDERING THOSE
SERVICES, IN CONSULTATION WITH OR UNDER DIRECT SUPERVISION
OF A LICENSED CERTIFIED SOCIAL WORKER.

(3) "LICENSED, CERTIFIED SOCIAL WORKER" MEANS
ANY PERSON LICENSED AS A CERTIFIED SOCIAL WORKER UNDER TITLE
18 OF THE HEALTH OCCUPATIONS ARTICLE.