(a) The presiding officer, on his own motion or on the motion of any party, shall exclude information that is subject to a claim of privilege under this division if:

1. (1) The person from whom the information is sought is not a person authorized to claim the privilege; and
2. (2) There is no party to the proceeding who is a person authorized to claim the privilege.

(b) The presiding officer may not exclude information under this section if:

1. (1) He is otherwise instructed by a person authorized to permit disclosure; or
2. (2) The proponent of the evidence establishes that there is no person authorized to claim the privilege in existence.