(HB 1002)
Patient communications, waiver of privileged communications
with physician or psychotherapist.
Section
1.
That
§
19-13-11
be amended to read as follows:
19-13-11.
There is no
The
privilege under
§
19-13-7 as to a communication relevant to an issue
of the physical, mental, or emotional condition of the patient
is waived
in any proceeding in which
he relies upon
the condition
as
is
an element of
his
the patient's
claim or defense or, after the
patient's death, in any proceeding in which any party relies upon the condition as an element of
his
a
claim or defense.
Section
2.
That
§
19-2-3
be amended to read as follows:
19-2-3.
In any action or proceeding or quasi-judicial administrative proceeding,
whenever
if
the
physical or mental health of any person is in issue, any privilege under
§
19-13-7
shall conclusively
be deemed to be
is
waived at trial or for the purpose of discovery under chapter 15-6 if such action
or proceeding is civil in nature.
However, the waiver of the privilege shall be narrow in scope,
closely tailored to the time period or subject matter of the claim. If any party or the holder of the
privileged records objects to the discovery of the privileged communication on the grounds that
disclosure of the communication would subject the party to annoyance, embarrassment, oppression,
or undue burden or expense and that the disclosure of the privileged communication is not likely
to lead to the discovery of relevant evidence, the court shall conduct an in camera review of the
privileged communication to determine whether the communication is discoverable.