A patient or the patient's legal representative may refuse to disclose confidential information given to a medical psychologist, but the privilege cannot be claimed in listed situations.
§1360.64. Privileged communications A. In judicial proceedings, whether civil, criminal, or juvenile, legislative and administrative proceedings, and proceedings preliminary and ancillary thereto, a patient or his legal representative, may refuse to disclose or prevent the disclosure of confidential information, including information contained in administrative records, communicated to a medical psychologist licensed under this Part, or persons reasonably believed by the patient to be so licensed, or to their employees or other persons under their supervision, for the purpose of diagnosis, evaluation, or treatment of any mental or emotional condition or disorder. B. In the absence of evidence to the contrary, the medical psychologist is presumed to be authorized to claim the privilege on behalf of the patient. C. This privilege may not be claimed by or on behalf of the patient in the following circumstances: (1) Where child abuse, elder abuse, or the abuse of individuals with disabilities or incompetent individuals is known or reasonably suspected. (2) Where the validity of a will of a deceased former patient is contested or his mental or emotional condition is at issue otherwise on judicial or administrative proceedings. (3) Where the information is necessary for the defense of the medical psychologist in a malpractice action brought by the patient. (4) Where an immediate threat of physical violence against a clearly identified victim or victims is disclosed to the medical psychologist. (5) In the context of civil commitment proceedings, where an immediate threat of self-inflicted damage is disclosed to the medical psychologist. (6) Where the patient puts his mental state in issue by alleging mental or emotional damages or condition in any judicial or administrative proceedings. (7) Where the patient is examined pursuant to court order. (8) Where the board is conducting an investigation or hearing. Acts 2009, No. 251, §11, eff. July 1, 2009; Acts 2014, No. 811, §19, eff. June 23, 2014.