The privilege does not apply and a physician or dentist in a civil action:
i) If the patient, guardian, or legal representative of the patient gives express consent;
ii) If a deceased patient's spouse, executor, or estate administrator gives express consent;
iii) In an action against the physician or dentist brought by the patient, guardian, estate, or legal representative of the patient (i.e., medical malpractice);
iv) Concerning court-ordered treatment received by a patient (applies to physicians, dentists, and those covered under the psychotherapist privilege); or
v) If the client is deceased and the privileged communication is relevant to a will dispute.
The privilege is waived in a criminal action:
i) Concerning alcohol, drug, or a combination of both test results relevant to the offense (applies to physicians, dentists, and registered or licensed nurses); or
ii) In a criminal action against a physician or dentist.
The privilege is waived in both civil and criminal actions if the communication concerns the statutorily imposed obligation to report child abuse.