§ 13:3734 — Privileged communication between health care provider and patient

Louisiana § 13:3734

• Jurisdiction: Louisiana
• Title 13: Courts and Judicial Procedure

Text

§3734. Privileged communication between health care provider and patient
A. As used in this Part:
(1) "Communication" means the acquiring, recording or transmittal, of any
information, in any manner whatsoever, concerning any facts, opinions or statements
necessary to enable the health care provider to diagnose, treat, prescribe or to act for the
patients; said communications may include, but are not limited to any and all medical
records, office records, hospital records, charts, correspondence, memoranda, laboratory tests
and results, x-rays, photographs, financial statements, diagnoses and prognoses.
(2) "Health care provider" means a hospital, as defined in this Subsection, and means
a person, corporation, facility, or institution licensed by the state to provide health care or
professional services as a physician, hospital, dentist, registered or licensed practical nurse,
pharmacist, optometrist, podiatrist, chiropractor, physical therapist, psychologist, social
worker, or licensed professional counselor and an officer, employee, or agent thereof acting
in the course and scope of his employment.
(3) "Hospital" means any hospital as defined in R.S. 40:2102; any "nursing home"
or "home" as defined in R.S. 40:2009.2; or any health care provider's offices or clinics
containing facilities for the examination, diagnosis, treatment or care of human illness.
(4) "Patient" means a natural person who receives health care from a licensed health
care provider.
(5) "Representative" means the spouse, parent, tutor, curator, trustee, attorney or
other legal agent of the patient.
B. In noncriminal proceedings, testimonial privileges, exceptions, and waiver with
respect to communications between a health care provider and his patient are governed by
the Louisiana Code of Evidence.
C. An action or proceeding described in Louisiana Code of Evidence Article
510(B)(2) which constitutes an exception for a health care provider to testify at a trial on the
merits also shall be an exception for purposes of any discovery method authorized by Article
1421 et seq. of the Louisiana Code of Civil Procedure.
D. Nothing in this Section shall preclude the health care provider from disclosing
privileged information by medical report either before or after any legal proceedings are
instituted, provided that he is in receipt of a written authorization executed by the patient.
If the health care provider knows or reasonably believes that the patient is physically or
mentally incapable of authorizing release, the health care provider may disclose privileged
information provided he is in receipt of a written authorization executed by a person
authorized under R.S. 40:1299.40 to consent to medical treatment for the patient.
Furthermore, when a patient is represented by an attorney and that attorney provides the
health care provider with written authorization executed by the patient, the health care
provider may disclose to the attorney any communication which was necessary to enable him
to diagnose, treat, prescribe, or act for the patient and may provide to the attorney, as agent
for the patient, any medical reports, X-rays, or any other written information the health care
provider has regarding the patient, all without the necessity of complying with formal
discovery.
E.(1) In addition to any other provision of law permitting the subpoena of health care
provider records, a party may obtain the health care provider records and communications
defined by Subsection A of this Section of a patient to the extent permitted by Louisiana
Code of Evidence Article 510(B)(2)(i) pursuant to a lawful subpoena, summons, or court
order served upon the custodian of records of the health care provider, in accordance with
the requirements of R.S. 13:3715.1.
(2) No health care provider, custodian of records, officer, employee, or agent thereof
shall be held civilly or criminally liable for the disclosure of a patient's records including any
communication defined by Subsection A of this Section to the extent permitted by Louisiana
Code of Evidence Article 510(B)(2)(i) when that disclosure is made in accordance with R.S.
13:3715.1.
F. Notwithstanding any law to the contrary, when conducting any investigation, the
coroner or his authorized agents or employees may review any medical or dental records
which he deems relevant to the investigation. Such records may be made available to him
by the custodian thereof without the necessity of authorization, subpoena, or court order. No
health care provider, custodian of records, or officer, employee, or agent thereof shall be held
civilly or criminally liable for the disclosure of a patient's records, including any
communication defined herein, when that disclosure is made pursuant to a request by the
coroner or his authorized agents or employees.
G. Notwithstanding any provision of this Section or any other law to the contrary,
an official of another state, whose functions are comparable to those of a coroner in this state
and who is conducting an investigation in which Louisiana medical or dental records are
material evidence, may request authorization for the release of those records from the coroner
of the parish in which the custodian of the records is located. If the coroner determines that
the requested records are relevant to the out-of-state investigation and the release of those
records is appropriate, then the coroner shall authorize the custodian of those records to
release those records to the requesting official. No health care provider, custodian of records,
or officer, employee, or agent thereof shall be held civilly or criminally liable for the
disclosure of a patient's records, including any communication defined herein, pursuant to
a release authorized by the coroner.
H. Notwithstanding any provision of law to the contrary, when conducting any
investigation, the coroner or his authorized agents or employees may obtain any blood, urine,
or other biological fluids or samples which he deems relevant to the investigation, the records
of which would otherwise be available to the coroner pursuant to Subsection F of this
Section. Such blood, urine, or other biological fluids or samples may be made available to
him by the custodian thereof without the necessity of authorization, subpoena, or court order.
No health care provider, custodian of records, or officer, employee, or agent thereof shall be
held civilly or criminally liable for the release of a deceased patient's blood, urine, or other
biological fluids or samples, including any communication defined herein, when that
disclosure is made pursuant to a request by the coroner or his authorized agents or
employees.

Legislative History

Acts 1968, No. 499, §1; Amended by Acts 1977, No. 670, §1; Acts 1978, No. 430, §1; Acts 1985, No. 477, §1; Acts 1986, No. 496, §§1, 2, eff. July 2, 1986; Acts 1987, No. 892, §3, eff. July 20, 1987; Acts 1990, No. 46, §1, eff. June 26, 1990; Acts 1991, No. 473, §1, eff. July 15, 1991; Acts 1992, No. 376, §4, eff. Jan. 1, 1993; Acts 1992, No. 395, §1; Acts 1993, No. 988, §§1 and 3; Acts 1999, No. 520, §1; Acts 1999, No. 1309, §1, eff. Jan. 1, 2000; Acts 2018, No. 144, §1.