60-427. Physician-patient privilege.
60-427
60-427. Physician-patient privilege.(a) As used in this section:
(1) "Patient" means a person who, for the sole purpose of securingpreventive, palliative, or curative treatment, or a diagnosis preliminary tosuch treatment, of such person's physical or mental condition, consults aphysician, or submits to an examination by a physician.
(2) "Physician" means a person licensed or reasonably believed by thepatient to be licensed to practice medicine or one of the healing arts asdefined in K.S.A. 65-2802 and amendments thereto in the state or jurisdictionin which the consultation or examination takes place.
(3) "Holder of the privilege" means the patient while alive and not underguardianship or conservatorship or the guardian or conservator of the patient,or the personal representative of a deceased patient.
(4) "Confidential communication between physician and patient" means suchinformation transmitted between physician and patient, including informationobtained by an examination of the patient, as is transmitted in confidence andby a means which, so far as the patient is aware, discloses the information tono third persons other than those reasonably necessary for the transmission ofthe information or the accomplishment of the purpose for which it istransmitted.
(b) Except as provided by subsections (c), (d), (e) and (f), a person,whether or not a party, has a privilege in a civil action or in a prosecutionfor a misdemeanor, other than a prosecution for a violation of K.S.A. 8-1567and amendments thereto or an ordinance which prohibits the acts prohibited bythat statute, to refuse to disclose, and to prevent a witness from disclosing,a communication, if the person claims the privilege and the judge finds that:(1) The communication was a confidential communication between patient andphysician; (2) the patient or the physician reasonably believed thecommunication necessary or helpful to enable the physician to make a diagnosisof the condition of the patient or to prescribe or render treatment therefor;(3) the witness (i) is the holder of the privilege, (ii) at the time of thecommunication was the physician or a person to whom disclosure was made becausereasonably necessary for the transmission of the communication or for theaccomplishment of the purpose for which it was transmitted or (iii) is anyother person who obtained knowledge or possession of the communication as theresult of an intentional breach of the physician's duty of nondisclosure by thephysician or the physician's agent or servant; and (4) the claimant is theholder of the privilege or a person authorized to claim the privilege for theholder of the privilege.
(c) There is no privilege under this section as to any relevantcommunication between the patient and the patient's physician: (1) Upon anissue of the patient's condition in an action to commit the patient orotherwise place the patient under the control of another or others because ofalleged incapacity or mental illness, in an action in which the patient seeksto establish the patient's competence or in an action to recover damages onaccount of conduct of the patient which constitutes a criminal offense otherthan a misdemeanor; (2) upon an issue as to the validity of a document as awill of the patient; or (3) upon an issue between parties claiming by testateor intestate succession from a deceased patient.
(d) There is no privilege under this section in an action in which thecondition of the patient is an element or factor of the claim or defense ofthe patient or of any party claiming through or under the patient orclaiming as a beneficiary of the patient through a contract to which thepatient is or was a party.
(e) There is no privilege under this section: (1) As to blood drawn atthe request of a law enforcement officer pursuant to K.S.A. 8-1001 andamendments thereto; and (2) as to information which the physician or thepatient is required to report to a public official or as to informationrequired to be recorded in a public office, unless the statute requiring thereport or record specifically provides that the information shall not bedisclosed.
(f) No person has a privilege under this section if the judge finds thatsufficient evidence, aside from the communication has been introduced towarrant a finding that the services of the physician were sought or obtained toenable or aid anyone to commit or to plan to commit a crime or a tort, or toescape detection or apprehension after the commission of a crime or a tort.
(g) A privilege under this section as to a communication is terminatedif the judge finds that any person while a holder of the privilege hascaused the physician or any agent or servant of the physician to testify inany action to any matter of which the physician or the physician's agent orservant gained knowledge through the communication.
(h) Providing false information to a physician for the purpose ofobtaining a prescription-only drug shall not be a confidential communicationbetween physician and patient and no person shall have a privilege in anyprosecution for unlawfully obtaining or distributing aprescription-only drug under K.S.A. 2009 Supp. 21-36a08, andamendmentsthereto.
History: L. 1963, ch. 303, 60-427; L. 1965, ch.354, § 8;L. 1988, ch. 210, § 1;L. 1992, ch. 99, § 2;L. 2009, ch. 32, § 52; July 1.