D.R.E. 503

(a) Definitions. As used in this rule:

(1) 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

mental health provider, physician or psychotherapist, including members

of the patient’s family.

(2) A “mental health provider” is (A) a licensed professional counselor of

mental health or licensed associate counselor as authorized under 24 Del.

C. §§ 3001-19, or (B) a licensed clinical social worker as authorized under

24 Del. C. §§ 3901-13.

(3) A “patient” is a person who consults or is examined or interviewed by

a physician or psychotherapist for treatment or diagnosis.

(4) A “physician” is a person authorized to practice medicine in any state

or nation, or reasonably believed by the patient so to be.

(5) A “psychotherapist” is (A) a person authorized to practice medicine in

any state or nation, or reasonably believed by the patient so to be, while

engaged in the diagnosis or treatment of a mental or emotional condition,

including alcohol or drug addiction, or (B) a person licensed or certified

as a psychologist under the laws of any state or nation, while similarly

engaged.

(b) General rule of privilege. 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 mental health provider, physician or psychotherapist,

and persons who are participating in the diagnosis or treatment under the

direction of the mental health provider, physician or psychotherapist,

including members of the patient’s family.

(c) Who may claim the privilege. 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 mental health provider,

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.

(d) Exceptions.

(1) Proceedings for hospitalization. There is no privilege under this rule

for a communication relevant to an issue in proceedings to hospitalize the

patient for mental illness, if the mental health provider, physician or

psychotherapist in the course of diagnosis or treatment has determined

that the patient is in need of hospitalization.

(2) Examination by order of court. There is no privilege under this rule

for a communication made in the course of a court-ordered investigation

or examination of the physical, mental or emotional condition of the

patient, whether a party or a witness, with respect to the particular purpose

for which the examination is ordered unless the court orders otherwise.

(3) Condition an element of claim or defense. There is no privilege

under this rule for a communication relevant to an issue of the physical,

mental or emotional condition of the patient in any proceeding in which

the patient relies upon the 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) Commission of crime or fraud. There is no privilege under this rule

for a communication if the services of the mental health provider,

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 mental or physical injury to

the patient or another individual.

(5) Danger to self or others. There is no privilege under this rule for a

communication in which the patient has expressed an intent to engage in

conduct likely to result in imminent death or serious physical injury to the

patient or another individual.

(6) Breach of duty. There is no privilege under this rule for a

communication relevant to a breach of duty by the mental health provider,

physician or psychotherapist.

(7) Appointment of guardian; child abuse cases. There is no privilege

under this rule for a communication relevant to a proceeding brought

under 12 Del. C. § 3901 or 16 Del. C., Chapter 9.