§ 5-37.3-6 - Court proceedings – Confidential health care communication.
SECTION 5-37.3-6
§ 5-37.3-6 Court proceedings –Confidential health care communication. – (a) Except as provided in subsection (b) of this section, confidential healthcare communications shall not be subject to compulsory legal process in anytype of judicial proceeding, and a patient or his or her authorizedrepresentative has the right to refuse to disclose, and to prevent a witnessfrom disclosing, his or her confidential health care communications in anyjudicial proceedings.
(b) The exemption from compulsory legal process and theprivilege provided in subsection (a) of this section does not apply:
(1) When an individual introduces his or her physical ormental condition, including, but not limited to, any allegation of mentalanguish, mental suffering or similar condition, as an element of his or herclaim or defense; provided, that a claim for damages or other relief for "painand suffering" based solely on one's physical condition shall not be deemed toconstitute the introduction of one's mental condition into issue and theexemption and privilege applies in that situation only to those portions ofone's confidential health care information relating to mental condition;
(2) When, in a civil or criminal commitment proceeding, aphysician, in the course of diagnosis, treatment, or medical evaluation of anindividual, determines that an individual is in need of care and treatment in ahospital or any other health care facility which is deemed by the individual'sphysician to be appropriate for mental illness;
(3) When a court finds that an individual, after having beeninformed that the communications would not be privileged, has madecommunications to a psychiatrist in the course of a psychiatric examinationordered by the court; provided, that the communications shall be admissibleonly on issues involving the individual's mental condition;
(4) When, in any court proceeding, including an ex partehearing, it is demonstrated on a prima facie basis to the court that theindividual's physical or mental condition is of an imminent and serious dangerto the physical or mental health of another person;
(5) When, in any action by a person pursuant to §5-37.3-5(d), or in any policy action brought by an individual against his orher insurance carrier, or by the carrier against an insured, it is demonstratedto the court that the confidential health care information is relevant andmaterial, that court may issue, in its discretion, an order compellingproduction of this information;
(6) When, in any court proceeding, civil or criminal, theissue arises as to the ingestion by an individual of intoxicating liquor,toluene, or any controlled substance as defined in chapter 28 of title 21, uponmotion by any party to that proceeding, and it is demonstrated to the courtthat the confidential health care information is relevant and material, thatcourt may issue, in its discretion, an order compelling production of thatinformation, if any, which demonstrates the presence of alcohol in aconcentration of one tenth of one percent (.1%) or more by weight or thepresence of a controlled substance in that individual, as shown by a chemicalanalysis of a blood, breath, or urine sample, if this test was originallyperformed at the direction of a law enforcement official in accordance with§ 31-27-2.