§ 169j. Privileged communication 

(a) In judicial proceedings, whether civil, criminal, or juvenile, in legislative and administrative proceedings, and in proceedings preliminary and ancillary thereto, a patient or client, or his guardian or personal representative may refuse to disclose or prevent the disclosure of confidential information, including information contained in administrative records, communicated to a psychologist, psychological associate or associate psychologist, licensed under this chapter, or a person otherwise authorized to practice within the mental health field under the laws of this jurisdiction, or to persons reasonably believed by the patient or client to be so licensed, and their agents, for the purpose of diagnosis, evaluation, or treatment of any mental or emotional condition or disorder. In the absence of evidence to the contrary, the psychologist is presumed authorized to claim the privilege on the patient’s or client’s behalf.
(b) The privilege authorized under subsection (a) of this section shall not be claimed by the patient or client, or on his behalf by an authorized person, in the following circumstances:

(1) where abuse or harmful neglect of children, the elder  or disabled or incompetent individuals is known or reasonably suspected;
(2) where the validity of a will of a former patient or client is contested;
(3) where such information is necessary for the professional licensed under this chapter to defend himself against a malpractice action brought by the patient or client; 
(4) where an immediate threat of physical violence against a readily identifiable victim is disclosed to the psychologist;
(5) in civil commitment proceedings, where an immediate threat of self inflicted damage is disclosed to the psychologist, associate psychologist, or psychological associate;
(6) where the patient or client, by alleging mental or emotional damages in litigation, puts his mental state at issue;
(7)where the patient or client is examined pursuant to a court order;

or

(8) in the context of investigations and hearings brought by the patient or client and conducted by the Board, where in violations of this subchapter are at issue. -Added Dec. 30, 1994, No. 6042, § 2, Sess. L. 1994, p. 275.

CROSS REFERENCES

Privileges, generally, see Section 851 et seq. of Title 5.