1. A. As used in this section:

   1. 1. A "patient" is a person who consults or is examined or interviewed by a physician or psychotherapist;
   2. 2. A "physician" is a person authorized to practice medicine in any state or nation, or reasonably believed by the patient to be so authorized;

   3. 3. A "psychotherapist" is:

      1. a. a person authorized to practice medicine in any state or nation, or reasonably believed by the patient to be so authorized, while engaged in the diagnosis or treatment of a mental or emotional condition, including alcohol or drug addiction, or
      2. b. a person licensed or certified as a psychologist under the laws of any state or nation, or reasonably believed by the patient to be so licensed or certified, while similarly engaged; and
   4. 4. A communication is "confidential" if not intended to be disclosed to third persons, except persons present to further the interest of the patient in the consultation, examination or interview, persons reasonably necessary for the transmission of the communication, or persons who are participating in the diagnosis and treatment under the direction of the physician or psychotherapist, including members of the patient's family.
2. B. A patient has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of diagnosis or treatment of the patient’s physical, mental or emotional condition, including alcohol or drug addiction, among the patient, the patient’s physician or psychotherapist, and persons who are participating in the diagnosis or treatment under the direction of the physician or psychotherapist, including members of the patient's family.
3. C. The privilege may be claimed by the patient, the patient’s guardian or conservator or the personal representative of a deceased patient. The person who was the physician or psychotherapist at the time of the communication is presumed to have authority to claim the privilege but only on behalf of the patient.

4. D. There is no privilege under this section for communications:

   1. 1. Relevant to an issue in proceedings to hospitalize the patient for mental illness, if the psychotherapist in the course of diagnosis or treatment has determined that the patient is in need of hospitalization;
   2. 2. Made in the course of a court-ordered examination of the physical, mental or emotional condition of a patient, whether a party or a witness, when they relate to the particular purpose for which the examination is ordered unless the court orders otherwise; 3. Relevant to the physical, mental or emotional condition of the patient in any proceeding in which the patient relies upon that condition as an element of the patient’s claim or defense or, after the patient's death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense;
   3. 3. Relevant to the physical, mental or emotional condition of the patient in any proceeding in which the patient relies upon that condition as an element of the patient’s claim or defense or, after the patient's death, in any proceeding in which any party relies upon the condition as an element of the party’s claim or defense;
   4. 4. If the services of the physician or psychotherapist were sought or obtained to enable or aid anyone to commit or plan to commit what the patient knew, or reasonably should have known, was a crime or fraud or physical injury to the patient or another individual;
   5. 5. In which the patient has expressed an intent to engage in conduct likely to result in imminent death or serious bodily injury to the patient or another individual;
   6. 6. Relevant to an issue in a proceeding challenging the competency of the physician or psychotherapist;
   7. 7. Relevant to a breach of duty by the physician or psychotherapist; or
   8. 8. That are subject to a duty to disclose under statutory law.

Added by Laws 1978, SB 276, c. 285, § 503, eff. October 1, 1978; Amended by Laws 1980, HB 1942, c. 113, § 1, eff. October 1, 1980; Amended by Laws 2002, HB 1939, c. 468, § 33, eff. November 1, 2002 (superseded document available).