§ 9-17-24 - Privileged communications to and information obtained by health care providers.
SECTION 9-17-24
§ 9-17-24 Privileged communications to andinformation obtained by health care providers. – In every legal action, both civil and criminal, no health care provider shallbe competent to testify concerning any information obtained about a patient,nor shall he or she be required to produce any documentary evidence obtainedabout a patient, in the course of the customary professional health carerelationship, without the consent of the patient, his or her legal guardian,or, if the patient is deceased, his or her next-of-kin, executor, oradministrator. No health care provider shall be allowed in giving testimony todisclose any confidential communication or health care information, properlyentrusted to him or her in his or her professional capacity and within thecustomary health care relationship, and necessary and proper to enable him orher to discharge medical duties in the usual course of practice, without theconsent of the patient, his or her legal guardian, or, if the patient isdeceased, his or her next-of-kin, executor, or administrator. Notwithstandingthe foregoing, a health care provider may be required to testify or producedocumentary evidence regarding the medical condition of a patient:
(1) When a patient raises his or her own medical condition ina legal action;
(2) When a court determines that disclosure of health careinformation about a person is necessary to a determination of the perceptualcapacity of that person as a witness in a legal proceeding and that informationis unavailable from any source other than a health care provider;
(3) When a court orders or the parties to a legal actionagree to a medical evaluation of a party or witness by a health care providerin order to facilitate the resolution of the legal action;
(4) When the question of the competence of a decedent is atissue before the court; or
(5) When consent is not required pursuant to chapter 37.3 oftitle 5; provided, however, that any such information shall not be admissiblein any proceeding against the patient to whom the information pertains.