1. There is no privilege under sections 31 -01-06.3 through 31 -01-06.6 for communications relevant to an issue in proceedings to hospitalize the client for mental illness, including alcohol or drug addiction, if the counselor in the course of diagnosis or treatment has determined the client is in need of hospitalization. 2. If the court orders an examination of the physical, mental, or emotional condition of a client, whether a party or a witness, communications made in the course thereof are not privileged under sections 31 -01-06.3 through 31-01-06.6 with respect to the particular purpose for which the examination is ordered unless the court orders otherwise. 3. There is no privilege under sections 31 -01-06.3 through 31 -01-06.6 as to a communication relevant to an issue of the physical, mental, or emotional condition of the client in any proceeding in which the client relies on a condition as an element of the client's claim or defense or, after the client's death, in any proceeding in which any party relies upon the condition as an element of the party's claim or defense.
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