2.__Privileged communications.__Except as provided in subsection 3, a patient has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between patient and LCP or between patient and LCSW if the privilege is claimed by:

A. The holder of the privilege;

B.__A person who is authorized by the holder of the privilege to claim the privilege; or

C.__The person who was the LCP or LCSW at the time of the confidential communication, but such a person may not claim the privilege if there is no holder of the privilege in existence or if the LCP or LCSW is otherwise instructed by a person authorized to permit disclosure.

3.__Exceptions.__There is no privilege under this section:

A.__As to a communication relevant to an issue concerning the mental or emotional condition of the patient if that issue has been raised by:

(1) The patient;

(2) A party claiming through or under the patient;

(3) A party claiming as a beneficiary of the patient through a contract to which the patient is or was a party; or

(4) The plaintiff in an action for damages for the injury or death of the patient;

B.__If the LCP or LCSW is appointed by court order to examine the patient, except when the LCP or LCSW is appointed by court order upon the request of a lawyer for a defendant in a criminal proceeding in order to provide the lawyer with information needed to enable the lawyer to advise the defendant whether to enter or withdraw a plea based on insanity or to present a defense based on the defendant's mental or emotional condition;

C.__If the services of the LCP or LCSW were sought or obtained to enable or aid any person to commit or plan to commit a crime or a tort or to escape detection or apprehension after the commission of a crime or a tort;