Ex Parte Day

I respectfully dissent from the opinion of the majority of the court. The majority holds "that the testimony of the psychiatrist was `privileged'" under Code 1975, § 34-26-2. I would affirm the decision of the trial court, which interpreted the legislative intent to be that only psychologists were included in the privilege established by § 34-26-2 and not psychiatrists.

Code 1975, § 34-26-2, the statute which the instant case turns on, reads as follows:

For the purpose of this chapter, the confidential relations and communications between licensed psychologist and client are placed upon the…