The following persons shall not serve as a declarant’s agent:

(1) Such declarant’s provider or an employee of that provider unless such employee is a family member, friend, or associate of such declarant and is not directly involved in such declarant’s mental health care; or

(2) An employee of the Department of Behavioral Health and Developmental Disabilities or of a local public mental health agency or of any organization that contracts with a local public mental health authority unless such employee is a family member, friend, or associate of such declarant and is not directly involved in such declarant’s mental health care.