(a)
The presiding officer, on his own motion or on the motion of any party, shall exclude information that is subject to a claim of privilege under this division if:
(1)
The person from whom the information is sought is not a person authorized to claim the privilege; and
(2)
There is no party to the proceeding who is a person authorized to claim the privilege.
(b)
The presiding officer may not exclude information under this section if:
(1)
He is otherwise instructed by a person authorized to permit disclosure; or
(2)
The proponent of the evidence establishes that there is no person authorized to claim the privilege in existence.