(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 the patient’s or client’s guardian or personal representative may refuse to disclose or prevent the disclosure of confidential information, including information containing administrative records, communicated to any person licensed under this Act as a substance abuse counselor, marriage and family therapist, licensed professional counselor, licensed career counselor, or otherwise authorized to practice within the professional counseling field under the laws of this jurisdiction, or to persons reasonably believed to be 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 professional counselor is presumed authorized to claim the privilege on the patient’s or client’s behalf.
(b) This privilege may not be claimed by the patient or client, or on the behalf of the patient or client by any authorized person, in the following circumstances:
(1) where abuse or harmful neglect of children, the elderly 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 counsel or licensee under this statute 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 professional counselor;
(5) in civil commitment proceedings, where an immediate threat of self-inflicted damage is disclosed to the professional counselor;
(6) where the patient or client, by alleging mental or emotional damages in litigation, puts his mental state at issue;
(7) where patient or client is examined pursuant to court order; or,
(8) in the context of an investigation or hearing brought by the patient or client and conducted by the Board, where violations of this chapter are at issue.